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UNITED EQUITY SERV. v. FIRST AMER. INS.

75 Misc.2d 254 (1973)

United Equity Services, Inc., Plaintiff, v. First American Title Insurance Company of New York et al., Defendants.

Supreme Court, Special Term, Nassau County.

August 2, 1973

Attorney(s) appearing for the Case

Mark H. Berger, P. C., for plaintiff. Rosenman Colin Kaye Petschek Freund & Emil for First American Title Insurance Company of New York and others, defendants. Harry P. Emory for Walter Krinsky, defendant.

BERNARD F. McCAFFREY, J.

The motion for an assessment of damages pursuant to CPLR 3215, is denied. In the alternative the defendant, First American Title Insurance Company of New York, shall serve its answer within 10 days of the date of this order.

The plaintiff's position in seeking an assessment of damages under CPLR 3215 is based on a failure by the defendant, First American Title Insurance Company of New York, to answer the first of the two...

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