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SERBIAN SPRUCE ASSOC., LTD. v. U.W. MARX, INC.

2020-04567. Index No. 470/19.

211 A.D.3d 1067 (2022)

182 N.Y.S.3d 148

2022 NY Slip Op 07469

Serbian Spruce Associates, Ltd., Appellant, v. U.W. Marx, Inc., Respondent.

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

Decided December 28, 2022.

Attorney(s) appearing for the Case

Joseph J. Haspel, Middletown, NY, for appellant.

Mastropietro Law Group, Saratoga Springs, NY (Nathan C. Woodard of counsel), for respondent.

Connolly, J.P., Christopher, Ford and Warhit, JJ., concur.

In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Orange County (Maria Vazquez-Doles, J.), dated May 14, 2020. The order denied the plaintiff's motion, in effect, pursuant to CPLR 5015(a)(1) to vacate an order of the same court dated June 10, 2019, granting the defendant's unopposed motion for summary judgment dismissing the complaint.

Ordered that the order dated May 14, 2020, is reversed, on the law...

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