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MED. HEALTH SERVS., INC. v. FOUNTAIN CTR. CORP.

55 A.D.2d 947 (1977)

Medical Health Services, Inc., Respondent, v. Fountain Center Corp. et al., Defendants, and August J. Mirande, Sued Herein as Augusto Mirando, Appellant

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

January 31, 1977

Order reversed, without costs or disbursements, and motion granted upon the condition that appellant's attorney personally pay to plaintiff the sum of $50 within 20 days after entry of the order to be made hereon; in the event that such condition is not complied with, then order affirmed, without costs or disbursements.

Appellant's papers establish that he may have a meritorious defense. There has been no showing that the plaintiff is prejudiced. However, in granting...

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