KLENK v. KENT


103 A.D.2d 1002 (1984)

Frank Klenk et al., Appellants, v. Henry K. Kent, Respondent

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

July 13, 1984


Order unanimously reversed, without costs, defendant's motion denied and judgment reinstated.

Memorandum:

Plaintiffs appeal from an order granting defendant leave to reargue plaintiffs' original motion for a default judgment and which, upon reargument, vacated the order granting the default judgment, vacated the default judgment, and directed plaintiffs to accept service of defendant's answer and counterclaim. We reverse. ¶ A defendant late in answering...

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