Plaintiff-respondent moves to dismiss the instant appeal on the grounds that it is improperly taken and that the appellant has failed to prosecute it. Default judgment was taken in Justice's Court, Town of Huntington on August 31, 1960. Defendant served a notice of appeal on September 7, 1960 pursuant to section 426 of the Justice Court Act. The respondent now argues that section 5511 of the Civil Practice Law and Rules which prohibits...
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