CMTY. PRES. CORP. v. MARBOOK ASSOCS.


197 A.D.2d 659 (1993)

602 N.Y.S.2d 889

Community Preservation Corporation et al., Plaintiffs, v. Marbook Associates et al., Respondents, and Donovan, Leisure, Newton & Irvine, Nonparty-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 25, 1993


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the provision imposing the sanction is deleted.

We agree with the appellant that the imposition of the sanction was error. The appellant, a firm of attorneys representing the plaintiff in this mortgage foreclosure action, moved for accelerated judgment, including entry of default judgment against certain defaulting defendants, pursuant to CPLR 3215. By order dated October 25,...

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