Borek v Cortese
2006 NY Slip Op 02012 [27 AD3d 1204]
Decided on March 17, 2006
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on March 17, 2006
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: PIGOTT, JR., P.J., SCUDDER, GORSKI, MARTOCHE, AND GREEN, JJ.

281 CA 05-02140

[*1]GARY D. BOREK, PLAINTIFF, ELIZABETH C. BOREK, PLAINTIFF-RESPONDENT, ORDER

v

DOMENIC CORTESE, ALSO KNOWN AS "CORTESE BROTHERS CONSTRUCTION COMPANY INCORPORATED," "CORTESE BROTHERS, INCORPORATED," "CORTESE BROTHERS, INC." AND CORTESE BROS., INC., DEFENDANTS-APPELLANTS.



Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered December 17, 2004. The order granted the motion of plaintiff Elizabeth C. Borek to vacate the default judgment against her.


COLUCCI & GALLAHER, P.C., BUFFALO (MARGARET A. MURPHY OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
BOUVIER PARTNERSHIP, LLP, BUFFALO (NORMAN E.S. GREENE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.


It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: March 17, 2006
JoAnn M. Wahl
Clerk of the Court