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CERVINO v. KONSKER

91 A.D.2d 249 (1983)

Anthony R. Cervino et al., Respondents, v. Shirley A. Konsker, Appellant, et al., Defendant

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

January 24, 1983

Attorney(s) appearing for the Case

Richard S. Bernstein (Matthew Cohen of counsel), for appellant.

Julian J. Bailey for respondents.

BRACKEN, J. P., NIEHOFF, RUBIN and BOYERS, JJ., concur.

Per Curiam.

The question in this case is whether a default judgment for $29,423.17 rendered in favor of the plaintiffs against defendant Shirley A. Konsker should stand. For the reasons set forth below our answer is "No".

The action arises out of a contract for the sale of a house. On September 21, 1978 defendant Shirley Konsker signed a real estate contract to sell her house to the plaintiffs, Anthony R. Cervino and Phyllis E. Cervino. The Cervinos...

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