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DUPRAT v. BMW FIN. SERVS., NA, LLC

2015-08110, Index No. 12123/14.

142 A.D.3d 946 (2016)

38 N.Y.S.3d 32

ESMERALDA DUPRAT et al., as Executors of MARIE MERVEILLE, Also Known as MARIE CARMEN MERVEILLE, Deceased, Respondents-Appellants, v. BMW FINANCIAL SERVICES NA, LLC, a Subsidiary of BMW AD, et al., Appellants-Respondents.

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

Decided September 14, 2016.

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that the order is reversed insofar as cross-appealed from, on the facts and in the exercise of discretion, those branches of the defendants' motion which were, in effect, to vacate their default in answering the complaint and to extend their time to answer the complaint and compel acceptance of service of the answer pursuant to CPLR 3012 (d) are denied, and the plaintiffs' cross...

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