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WENZ v. SMITH

100 A.D.2d 585 (1984)

Minna H. Wenz, Respondent-Appellant, v. Wendell Smith, Appellant-Respondent

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

March 19, 1984

¶ Order dated November 16, 1982 affirmed. ¶ Order dated April 9, 1983 reversed, on the law, motion for leave to enter a default judgment granted, and cross motion denied. ¶ Plaintiff is awarded one bill of costs.

¶ Defendant's time to serve an answer expired in April, 1982. However, defendant did not appear in this action until he moved, by notice of motion dated October 28, 1982, to dismiss plaintiff...

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