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LUGARDO v. FOLKES

110 A.D.2d 756 (1985)

Ermelindo Lugardo et al., Appellants, v. Neville Folkes, Respondent

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

April 15, 1985

Appeal from the order dated June 27, 1984 dismissed. No appeal lies from an order denying reargument.

Order dated May 16, 1984 affirmed, insofar as appealed from.

Defendant is awarded one bill of costs.

Special Term did not improvidently exercise its discretion in refusing to open the plaintiffs' default in serving a verified bill of particulars within 60 days after service upon them of a copy of the conditional...

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