87 A.D.3d 1374 929 NYS2d 901

Patricia J. Curto, Appellant, v Mark Diehl et al., Respondents.

(Appeal No. 1.)

[929 NYS2d 901]

*1375Memorandum:

We reject the contention of plaintiff that Supreme Court erred in granting that part of defendants’ motion to vacate a default judgment. Inasmuch as defendants had previously appeared in this action, they were entitled to receive notice of plaintiff’s motion for a default judgment (see CPLR 3215 [g] [1]; Nowak v Oklahoma League for Blind, 289 AD2d 995 [2001]). Plaintiff failed to provide defendants with such notice, and thus her motion for a default judgment was defective. We have reviewed plaintiff’s remaining contentions and conclude that they are without merit. Present — Scudder, EJ., Smith, Lindley, Sconiers and Gorski, JJ.

Curto v. Diehl
87 A.D.3d 1374 929 NYS2d 901

Case Details

Name
Curto v. Diehl
Decision Date
Sep 30, 2011
Citations

87 A.D.3d 1374

929 NYS2d 901

Jurisdiction
New York

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