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KONIG v. McCOY

71 Misc.2d 593 (1971)

Lottie Konig, as Executrix of Siegfried Konig, Deceased, Respondent, v. Thomas F. McCoy, as State Administrator of the Administrative Board of the Judicial Conference of the State of New York, Defendant, and City of New York, Appellant.

Supreme Court, Appellate Term, Second Department.

September 28, 1971

Attorney(s) appearing for the Case

J. Lee Rankin, Corporation Counsel (Stanley Buchsbaum and Irving Genn of counsel), for appellant. Dublirer, Haydon & Straci (Charles Haydon of counsel), for respondent.

Concur — SCHWARTZWALD, P. J., RINALDI and CONE, JJ.

MEMORANDUM BY THE COURT.

Judgment reversed and vacated, without costs; order dated October 22, 1969, denying defendant's motion to dismiss complaint, affirmed, without costs; order, dated February 5, 1970, granting plaintiff's motion for leave to enter judgment by default and denying defendant's cross motion for leave to serve and file an answer, reversed, without costs, plaintiff's motion denied and defendant...

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