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KOZUCH v. FREY

4 A.D.2d 785 (1957)

Stanley Kozuch et al., Respondents, v. Walter J. Frey et al., Appellants

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

July 15, 1957

Appeal from judgment dismissed, without costs. No appeal lies from a default judgment. Order affirmed, without costs.

The record justifies the determination of Special Term that both appellants were served with process and that their default was deliberate.

Nolan, P. J., concurs in the dismissal of the appeal from the judgment and in the affirmance of the order as to appellant Walter J. Frey, but dissents from the affirmance of the order as to...

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