American Express Centurion v Pototschnig
Annotate this CaseDecided on April 13, 2017
Friedman, J.P., Richter, Mazzarelli, Feinman, Gische, JJ.
3709N 108987/08
[*1] American Express Centurion, Plaintiff-Respondent,
v
Hubert Pototschnig, Defendant-Appellant.
Hubert Pototschnig, appellant pro se.
Order, Supreme Court, New York County (Kathryn E. Freed, J.), entered October 15, 2015, which denied defendant's motion to vacate a default judgment, unanimously reversed, on the law and the facts, the motion granted, the judgment vacated, and the complaint dismissed without prejudice.
In view of plaintiff's counsel's advice to this Court that plaintiff is not opposing this appeal, we reverse and grant defendant the requested relief.
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: APRIL 13, 2017
CLERK
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