| Curto v Diehl |
| 2011 NY Slip Op 06773 [87 AD3d 1374] |
| September 30, 2011 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Patricia J. Curto, Appellant, v Mark Diehl et al., Respondents. (Appeal No. 1.) |
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Hagelin Kent LLC, Buffalo (Victor M. Wright of counsel), for
defendants-respondents.
Appeal from an order of the Supreme Court, Erie County (James H. Dillon, J.), dated December 17, 2009. The order granted the motion of defendants to vacate a default judgment and ordered plaintiff to provide discovery.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: 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, P.J., Smith, Lindley, Sconiers and Gorski, JJ.