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BEHAR v. CITY OF NEW YORK

71 A.D.2d 994 (1979)

Eli Behar, as Administrator of The Estate of Sara Behar, Deceased, Appellant, v. City of New York et al., Defendants, and Fields Linens, Inc., Respondent

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

September 24, 1979

Order affirmed, without costs or disbursements.

Although the application which led to the order under review should not have been entertained because it was in the nature of a motion to reargue and not a motion to vacate a default (see CPLR 2216, 2221), under the facts herein this court is not bound by the doctrine of the law of the case and may pass upon the merits of the motion. The cross motion to dismiss the third affirmative...

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