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ROLLINS v. ROLLINS

2015-02340, Index No. 19163/13.

135 A.D.3d 736 (2016)

22 N.Y.S.3d 880

2016 NY Slip Op 00174

JOHN ROLLINS, Appellant, v. RODNEY ROLLINS, Respondent.

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

Decided January 13, 2016.

Ordered that the order dated December 10, 2014, is reversed, on the facts and in the exercise of discretion, with costs, the defendant's motion to vacate the order dated April 16, 2014, is denied, and the matter is remitted to the Supreme Court, Kings County, for an inquest on damages.

The Supreme Court improvidently exercised its discretion in granting the defendant's motion pursuant to CPLR 5015 to vacate a prior order...

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