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CACH, LLC v. DEAN

2015-1627 S C. CACH, LLC v. DEAN — Appeal from an order of the District Court of Suffolk County, First District (Vincent J. Martorana, J.), entered May 29, 2015. The order denied defendant's motion to vacate a default judgment of the same court entered September 25, 2014 upon defendant's noncompliance with an order of the same court dated May 21, 2014 which conditionally granted plaintiff's motion, pursuant to CPLR 3126 (3), to strike defendant's answer and for leave to enter a default judgment against her.

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2015-1627 S C. CACH, LLC v. DEAN — Appeal from an order of the District Court of Suffolk County, First District (Vincent J. Martorana, J.), entered May 29, 2015. The order denied defendant’s motion to vacate a default judgment of the same court entered September 25, 2014 upon defendant’s noncompliance with an order of the same court dated May 21, 2014 which conditionally granted plaintiff’s motion, pursuant to CPLR 3126 (3), to strike defendant’s answer and for leave to enter a default judgment against her.

ORDERED that the order entered May 29, 2015 is reversed, without costs, and defendant’s motion to vacate the default judgment entered September 25, 2014 is granted on condition that defendant provide plaintiff with responses to its discovery demands within 45 days after service of a copy of this decision and order upon her by plaintiff; in the event defendant fails to comply with this condition, defendant’s motion to vacate the default judgment is denied.

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