BANK OF NEW YORK v. SCHWAB


97 A.D.2d 450 (1983)

Bank of New York, Respondent, v. Henry Schwab, Jr., et al., Defendants, and Robert E. Breining, Appellant

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

October 17, 1983


Appeal from order dated October 5, 1982 dismissed.

That order was superseded by the order dated December 14, 1982, made upon reargument. Order dated December 14, 1982 reversed insofar as appealed from, on the law, order dated October 5, 1982 vacated, and plaintiff's motion for leave to enter a default judgment as against defendant Breining denied. Appellant is awarded one bill of costs. Plaintiff commenced this action by substituted service of a summons and complaint...

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