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ROSS v. MAGID

22 A.D.2d 829 (1964)

Jack Ross, Respondent, v. Daniel J. Magid et al., Defendants. David A. Goldner, Appellant; Murray S. Lokietz, Respondent

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

November 30, 1964

Appeal dismissed, with $10 costs and disbursements.

The order appealed from, dated August 20, 1962, expressly states that "no one" appeared "in opposition" to the renewed motion. The order is thus one entered "upon the default" of the former attorney and is not reviewable by him (CPLR 5511). His sole remedy is by motion to open his default (Burn v. Coyle, 258 App...

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