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McKESSON MED.-SURGICAL MINN. SUPPLY, INC. v. ADVANTAGE CARE, INC.

2019-12544. Index No. 151581/18.

210 A.D.3d 757 (2022)

178 N.Y.S.3d 176

2022 NY Slip Op 06238

McKesson Medical-Surgical Minnesota Supply, Inc., Respondent, v. Advantage Care, Inc., Appellant.

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

Decided November 9, 2022.

Attorney(s) appearing for the Case

Joseph Nierman, Flushing, NY, for appellant.

Eric Streich, P.C., White Plains, NY (Adam M. Peska of counsel), for respondent.

Barros, J.P., Miller, Genovesi and Voutsinas, JJ., concur.

In an action, inter alia, to recover damages for breach of contract, the defendant appeals from a judgment of the Supreme Court, Richmond County (Orlando Marrazzo, Jr., J.), dated October 8, 2019. The judgment, upon an order of the same court dated August 2, 2019, inter alia, denying those branches of the defendant's motion which were, in effect, pursuant to CPLR 5015(a) to vacate its default in answering the complaint and to compel the plaintiff to accept its late answer...

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