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McCARTHY v. CHEF ITALIA, INC.

105 A.D.2d 992 (1984)

Michael McCarthy, Doing Business as Snelling & Snelling of Binghamton, Respondent, v. Chef Italia, Inc., Appellant

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

November 21, 1984

This action to recover $6,800 for services rendered was commenced on August 30, 1983 by service on defendant of a summons and complaint. Defendant failed to answer and plaintiff, although not technically required to do so under CPLR 308, mailed to defendant a second summons and complaint on September 21, 1983. Defendant does not deny receiving this mailing; nevertheless, it again did not answer. A default judgment was thereupon...

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