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Pelle & Pelle Esqs. v Gillen
2009 NY Slip Op 52069(U) [25 Misc 3d 128(A)]
Decided on October 6, 2009
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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 6, 2009
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : MOLIA, J.P., NICOLAI and TANENBAUM, JJ
2008-1991 S C.

Pelle & Pelle Esqs., Appellant,

against

Danise Gillen n/k/a Danise Fulton, Respondent.


Appeal from an order of the District Court of Suffolk County, Sixth District (Howard M. Bergson, J.), entered October 8, 2008. The order granted defendant's motion to vacate a default judgment.


ORDERED that the order is affirmed without costs.

We are of the view that, under all of the circumstances presented, the District Court did not improvidently exercise its discretion in vacating the default judgment entered against defendant (see Wilcox v U-Haul Co., 256 AD2d 973, 973-974 [1998]; Coughlin v Merchants Mut. Ins. Co., 58 AD2d 913 [1977]; Beneficial Fin. Co. of NY v Kramer, 48 AD2d 822 [1975]).

Accordingly, the order is affirmed.

Molia, J.P., and Nicolai, J., concur.

Tanenbaum, J., taking no part.
Decision Date: October 06, 2009