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RUIZ v. LAOPHERMSOOK

Index No. 157136/19. Appeal No. 16825. Case No. 2022-00786.

211 A.D.3d 496 (2022)

181 N.Y.S.3d 22

2022 NY Slip Op 07014

Catalina (Kathy) Ruiz, Appellant, v. Roe Laophermsook, Respondent.

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

Decided December 8, 2022.

Attorney(s) appearing for the Case

Law Office of Richard A. Altman, New York (Richard A. Altman of counsel), for appellant.

Daniel Szalkiewicz & Associates, P.C., New York (Daniel S. Szalkiewicz of counsel), for respondent.

Concur—Kapnick, J.P., Oing, Singh, Moulton, Pitt-Burke, JJ.

Order, Supreme Court, New York County (David B. Cohen, J.), entered on or about January 12, 2022, which denied plaintiff's motion to vacate an order, entered November 17, 2020, granting defendant's motion to dismiss the complaint upon plaintiff's default, unanimously reversed, in the exercise of discretion, without costs, plaintiff's default vacated, and the case remanded to Supreme Court to permit plaintiff to oppose the motion to dismiss on the merits.

In the exercise...

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