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GMAC MORTGAGE CORPORATION v. DRUCHININA

2008-09943

68 A.D.3d 816 (2009)

2009 NY Slip Op 9187

889 N.Y.S.2d 477

GMAC MORTGAGE CORPORATION, Respondent, v. TATIANA DRUCHININA, Respondent, et al., Defendants, and ANTHONY SAMUELS et al., Appellants.

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

Decided December 8, 2009.

Ordered that the order entered July 21, 2008 is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in vacating the prior order dated November 1, 2007, inter alia, granting that branch of the motion of the defendants Anthony Samuels and Branda Samuels which was to dismiss the

[68 A.D.3d 817]
complaint insofar as asserted against them upon the plaintiff's default in opposing the motion, since...

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