GREEN POINT SAV. BANK v. PAGANO


103 A.D.2d 735 (1984)

Green Point Savings Bank, Respondent, v. John Pagano, Respondent, et al., Defendants, and Jimmie Smith, Appellant

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

July 2, 1984


¶ Order affirmed insofar as appealed from, with costs.

¶ Special Term properly denied that branch of appellant's motion which was for a default judgment on his cross claim against defendant Pagano. The cross claim, served as an independent pleading, without leave of court, almost one year after service of appellant's answer to the complaint in the main action, did not contain a demand for an answer. Such lack of a demand relieved defendant Pagano of any...

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