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WOLFENSTELLER v. FRANK

50 A.D.2d 846 (1975)

Marlit Wolfensteller, Appellant, v. Claire Frank, Respondent. (And Another Title.)

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

December 15, 1975

Appeal dismissed, without costs.

The judgment resulted from plaintiff's default upon defendants' motion to dismiss her pleadings. No appeal lies from an order or judgment entered upon the default of the aggrieved party (CPLR 5511). On the court's own motion, the decision and order of this court, dated October 6, 1975 and made on defendants' motion to dismiss the appeal, are hereby recalled and vacated and the latter motion...

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