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HIMMELSTOSS v. PARENT'S AID SOC'Y, INC.

96 A.D.2d 576 (1983)

Karen M. Himmelstoss, Appellant, v. Parent's Aid Society, Inc., et al., Defendants, and Wolf Elkan, Respondent

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

July 25, 1983

Order affirmed, without costs or disbursements.

On December 8, 1981, defendant was personally served with copies of plaintiff's summons and complaint, which he then forwarded to his insurance carrier. Although the period in which to answer expired on December 28, 1981, the carrier did not assign outside defense counsel to the case until December 30, 1981. On that same day plaintiff moved for leave to enter a default judgment...

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