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STATE v. SPODEX

89 A.D.2d 835 (1982)

State of New York et al., Respondents, v. J. Leonard Spodex, Individually and Doing Business as Interboro Management Co., et al., Respondents-Appellants

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

August 19, 1982

The award of an additional allowance by way of costs pursuant to CPLR 8303 (subd [a], par 6) was premature as there has not yet been a final judgment in the proceeding. In the absence of a factual showing of meritorious defenses, Special Term did not abuse its discretion in not granting respondents-appellants permission under CPLR 404 (subd [a]) to answer the Attorney-General's petition with respect to the causes of action as to...

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