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Appellate Term, Second Department: May 25, 2023

Decision & Orders on Motions decided between: May 11, 2023

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By: Garguilo, P.J., McCormack, Walsh, JJ. William D. Friedman, for appellant. SJR & Associates, respondent pro se.

2021-730 N C. PARKER v. SJR & ASSOC. — Appeal from a judgment of the District Court of Nassau County, First District (Karen L. Moroney, J.), entered October 14, 2021. The judgment, after a nonjury trial, dismissed the action. The appeal brings up for review an order of that court entered September 15, 2020 granting defendant’s motion to vacate a default judgment. ORDERED that the judgment is affirmed, without costs. Plaintiff commenced this small claims action to recover a security deposit from defendant, her former landlord. Plaintiff obtained a default judgment awarding her the principal sum of $1,615. Defendant successfully moved to vacate the default judgment under CPLR 5015 (a) (1). After a nonjury trial, the District Court dismissed the action.

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