Plaintiff law firm Kucker Marino Winiarsky & Bittens claimed it was entitled to fee collection from defendant pursuant to its judgment against nonparty NAB 2002 Realty because defendant is the LLC’s principal member.
In 2022, the instant court granted plaintiff’s motion under CPLR 3213 for summary judgment in lieu of complaint against defendant. After plaintiff apparently restrained defendant’s bank account, defendant brought the instant motion to vacate the judgment and to compel plaintiff to accept an untimely answer.
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