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COMMISSIONERS v. DEVILED LLC

023558/18.

66 Misc.3d 282 (2019)

112 N.Y.S.3d 472

2019 NY Slip Op 29340

COMMISSIONERS OF THE STATE INSURANCE FUND, Plaintiff, v. DEVILED FOODS LLC, Doing Business as DIABLO ROYALE, Defendant.

Civil Court of the City of New York, New York County.

Decided November 7, 2019.

Attorney(s) appearing for the Case

Gabriel Fischbarg, New York City, for defendant.

Maidenbaum & Associates P.L.L.C., Merrick (Eric J. Canals of counsel), for plaintiff.

OPINION OF THE COURT

Defendant moves pursuant to CPLR 317 to vacate a default judgment entered March 7, 2019, to file an answer, and to order plaintiff to return the total funds paid by defendant. Defendant's motion is granted for the reasons stated below.

A. Background

On April 15, 2019, after...

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