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Portfolio Recovery Assoc. v Michels
2004 NY Slip Op 50635(U)
Decided on June 22, 2004
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on June 22, 2004
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
NO. 2003-1204 S C

PORTFOLIO RECOVERY ASSOCIATES, LLC., Respondent,

against

ANN MARIE N. MICHELS and ANNA SARRICA, Appellants.


Appeal by defendants from an order of the District Court, Suffolk County


(J. Toomey, Jr., J.), entered July 7, 2003, which denied their motion to vacate a judgment entered on default.

Order unanimously reversed without costs and defendants' motion to vacate the default judgment granted on condition that, within 20 days of the date of the order entered hereon, defendants serve and file their answer; otherwise order affirmed without costs.

Under the circumstances presented, it is our opinion that defendants' motion should be granted upon the terms set forth above.
Decision Date: June 22, 2004