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SCHALLER v. RICE

73 A.D.2d 962 (1980)

Jane Schaller, Respondent, v. Marjorie Rice et al., Defendants, and George Shainswit et al., Appellants

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

January 28, 1980

Appeal from the order dated January 2, 1979 dismissed. No appeal lies from an order entered upon default (see CPLR 5511). Order dated May 15, 1979 affirmed.

Plaintiff is awarded one bill of $50 costs and disbursements to cover both appeals. Special Term properly exercised its discretion in vacating the purported settlement on motion, and not requiring a plenary action, since, as the plaintiff did not give her consent or...

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