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CERULLO v. CITY OF NEW YORK

2022-04061. Index No. 710339/22.

230 A.D.3d 560 (2024)

216 N.Y.S.3d 269

2024 NY Slip Op 04192

Alice Cerullo, Respondent, v. City of New York, et al., Defendants, and Juan Valdez, Appellant.

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

Decided August 14, 2024.

Attorney(s) appearing for the Case

Turturro Law, P.C., Staten Island, NY (Natraj S. Bhushan of counsel), for appellant.

Mallilo & Grossman, Flushing, NY (Spencer R. Bell of counsel), for respondent.

Duffy, J.P., Wooten, Wan and Taylor, JJ. concur.

In an action to recover damages for personal injuries, the defendant Juan Valdez appeals from stated portions of an order of the Supreme Court, Queens County (Kevin J. Kerrigan, J.), dated May 20, 2022. The order, inter alia, denied those branches of that defendant's motion which were pursuant to CPLR 1015 and 5015 to vacate a default judgment of the same court entered February 2, 2018, and pursuant to CPLR 3012 to compel the plaintiff to accept that defendant's untimely...

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