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LEWIS v. BENDET

81 A.D.2d 856 (1981)

Martin Lewis, Appellant, v. Solomon Bendet et al., Defendants, and Giles Spoonhour et al., Respondents

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

May 11, 1981

Appeal from the order and judgment dismissed. Order affirmed.

Respondents are awarded one bill of $50 costs and disbursements to cover both appeals. The order and judgment of May 29, 1980 was entered on default and is thus not appealable (see CPLR 5511). Special Term properly treated the motion for reargument and leave to serve an amended complaint as a motion to vacate the default. The decision on such a motion rests in the sound discretion of the court. In this...

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