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MOSS v. COOLEY

109 A.D.2d 1019 (1985)

George Moss, as Administrator of The Estate of Ruth L. Moss, Deceased, Respondent-Appellant, v. Glen E. Cooley et al., Appellants-Respondents

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

March 28, 1985

Mikoll, J.

The instant appeals arose out of defendants' default in filing an appearance in a malpractice action initiated by the service of a summons with notice only. The case has been on appeal before this court on two prior occasions. On the first appeal, this court reversed an order of Special Term which vacated defendants' default (90 A.D.2d 657, appeal dismissed 58 N.Y.2d 824). Thereafter, the Legislature...

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