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FRIESLAND CORPORATION v. I. GRACE COMPANY, INC.

0602958/2004, No. 113941/06, Seq. No. 007, No. 100633/06

2008 NY Slip Op 32063 (U)

FRIESLAND CORPORATION, Plaintiff, v. THE I. GRACE COMPANY, INC., 838 ASSOCIATES, LLC and JEFFREY FLANIGAN Defendant, MITSUI MARINE AND FIRE a/s/o/ MITSUI & COMPANY (U.S.A), INC., Plaintiff, v. I. GRACE COMPANY, INC., 838 ASSOCIATES, LLC, ATHENA GROUP, LLC, JEFFREY FLANIGAN, R.A.F.W. SIMS, INC. NICLIN BUILDERS, INC. and WIND MECHANICAL, INC., Defendants.

Supreme Court of the State of New York, New York County.

July 18, 2008

Decision/Order

Judith J. Gische, Judge.

Upon the foregoing papers, the decision and order of the court is as follows:

This matter arises out of an action for property damage. Fourth Party Defendant Niclin Builders, Inc. ("Niclin") moves, pursuant to CPLR § 317 and § 5015, for an order vacating the default judgment entered against it on May 7, 2007, and allowing Niclin to interpose an answer to the Fourth Party Complaint.

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