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AIELLO v. BALDASARE

17 Misc.2d 449 (1959)

Louis Aiello, Respondent, v. Louis Baldasare, Appellant, et al., Defendant. Louis Baldasare, Third-Party Plaintiff-Appellant, v. Louis Aiello, Third-Party Defendant-Respondent, et al., Third-Party Defendant.

Supreme Court, Appellate Term, Second Department.

January 23, 1959.

Attorney(s) appearing for the Case

Harry Zeitlan for appellant.

Frank A. Bellucci for respondent.

Concur — PETTE, HART and DI GIOVANNA, JJ.

Per Curiam.

The appeal from judgment should be dismissed. The judgment was entered by default, and no appeal lies from a default judgment. (Grushaw v. Grushaw, 281 App. Div. 1031.) Appeal from the original order dismissed. This order was rendered a nullity by the order granting the defendant's motion for reargument. (Kamen v. Kamen, 284 App. Div. 1047.) Order granting the defendant's motion for reargument...

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