Ordered that the order dated October 2, 2006, is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, and upon reargument, the motion is denied.
The Supreme Court improvidently exercised its discretion in granting that branch of the motion of the defendant Mayer Realty Corp. (hereinafter Mayer Realty) which was pursuant to CPLR 5015 (a) (1) to vacate its default in appearing or answering the complaint, as Mayer Realty failed...
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