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RYAN v. GRAZIANO FOODS

75 Misc.2d 415 (1973)

Rhoda Ryan, Plaintiff, v. Rocky Graziano Foods, Inc., Defendant.

District Court of Suffolk County, Third District.

September 21, 1973

Attorney(s) appearing for the Case

Andrew Yankwitt for defendant. William L. McCormick for plaintiff.

LAWRENCE NEWMARK, J.

The defendant seeks to set aside a default judgment.

Plaintiff obtained a default judgment against defendant on July 13, 1973. It appears that the action for a sum of money due was commenced in March, 1973. The summons and complaint were not timely filed and plaintiff obtained an order permitting filing nunc pro tunc and extending defendant's time to answer for 30 days. No answer was ever filed although it seems that...

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