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MILLUS v. EMMER

79 A.D.2d 669 (1980)

Lawrence Millus, an Infant, by His Mother and Natural Guardian, Rosemary A. Millus, et al., Appellants, v. Rise Emmer, Respondent

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

December 15, 1980

Order reversed insofar as appealed from, without costs or disbursements, and matter remitted to Special Term for a determination on the merits of the traverse issue, and for a determination of the defendant's motion to vacate the default judgment granted to plaintiffs.

On the traverse issue, Special Term lacked jurisdiction to impose the condition that plaintiffs accept service of the answer interposed on behalf of the defendant...

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