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MOORE v. DAY

55 A.D.3d 803 (2008)

866 N.Y.S.2d 303

HUB MOORE et al., Respondents, v. KENDRA DAY, Appellant, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 21, 2008.

Ordered that the appeal from the order dated July 25, 2007 is dismissed; and it is further,

Ordered that the order dated November 14, 2007 is reversed, on the facts and in the exercise of discretion, the motion of the defendant Kendra Day to vacate her default is granted, the order dated July 25, 2007 is vacated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings before a different Justice; and it is further,

Ordered that...

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