| Curto v Diehl |
| 2011 NY Slip Op 06773 [87 AD3d 1374] |
| September 30, 2011 |
| Appellate Division, Fourth Department |
| Patricia J. Curto, Appellant, v Mark Diehl et al., Respondents.(Appeal No. 1.) |
—[*1] Hagelin Kent LLC, Buffalo (Victor M. Wright of counsel), fordefendants-respondents.
Appeal from an order of the Supreme Court, Erie County (James H. Dillon, J.), datedDecember 17, 2009. The order granted the motion of defendants to vacate a default judgment andordered plaintiff to provide discovery.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: We reject the contention of plaintiff that Supreme Court erred in granting thatpart of defendants' motion to vacate a default judgment. Inasmuch as defendants had previouslyappeared in this action, they were entitled to receive notice of plaintiff's motion for a defaultjudgment (see CPLR 3215 [g] [1]; Nowak v Oklahoma League for Blind, 289AD2d 995 [2001]). Plaintiff failed to provide defendants with such notice, and thus her motionfor a default judgment was defective. We have reviewed plaintiff's remaining contentions andconclude that they are without merit. Present—Scudder, P.J., Smith, Lindley, Sconiers andGorski, JJ.