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MATTER OF B. & J. CONCRETE CO., INC.

22 A.D.2d 899 (1964)

In the Matter of B. & J. Concrete Co., Inc. Alfred Papile, Appellant; Samuel P. Fensterstock et al., Respondents

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

December 14, 1964

Appeal dismissed, without costs.

Appellant did not appear in opposition to the motion to settle the assignee's account and, accordingly, may not appeal from the order entered upon his default (Matter of Conklin, 7 A.D.2d 743; Gersmann v. Walpole, 79 Misc. 49, 51; CPLR 5511). If so advised, appellant may move to open his default pursuant to statute (CPLR 5015...

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