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CIAMBRIELLO v. LICHTENBERGER

23 Misc.2d 6 (1960)

Dominick Ciambriello et al., Plaintiffs, v. Joseph Lichtenberger, Defendant.

Supreme Court, Special Term, Nassau County.

May 19, 1960.

Attorney(s) appearing for the Case

MacIntyre, Burke & Downey for defendant.

Roncallo & Dunn for plaintiffs.

MARIO PITTONI, J.

Motion by the defendant to open default and set aside summary judgment entered in favor of plaintiffs is granted, and the motion by the plaintiffs for summary judgment is denied.

On April 7, 1960 the return date of the plaintiffs' motion for summary judgment, no affidavit in opposition was submitted by defendant. The defendant's attorney has submitted proof that an affidavit was mailed...

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