Beneficial N.Y., Inc. v Hunter (2009 NY Slip Op 04615)

Beneficial N.Y., Inc. v Hunter

2009 NY Slip Op 04615 [63 AD3d 1646]

June 5, 2009

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, August 5, 2009

Beneficial New York, Inc., Appellant, v Jerry Hunter, Respondent.

—[*1] Girvin & Ferlazzo, P.C., Albany (Christopher P. Langlois of counsel), for plaintiff-appellant.

Bilgore, Reich, Levine & Kantor, Rochester (Theodore S. Kantor of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered January 15, 2008 in an action for breach of contract. The order granted the motion of defendant to vacate a default judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Hurlbutt, J.P., Centra, Peradotto, Carni and Gorski, JJ.