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ARIOWITSCH v. JOHNSON

114 A.D.2d 184 (1986)

Fritzie Ariowitsch, Respondent, v. James L. Johnson, Jr., Appellant

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

February 20, 1986

Attorney(s) appearing for the Case

Morton B. Dicker (Joel A. Siegel of counsel), for appellant.

Ralph C. Lewis, Jr., for respondent.

CASEY, MIKOLL, YESAWICH, JR., and HARVEY, JJ., concur.

MAIN, J. P.

Plaintiff commenced this action against defendant in early 1984 by serving a summons and complaint in accordance with CPLR 308 (4). In June 1984, as a result of defendant having failed to answer or otherwise appear in the action, plaintiff obtained a default judgment against defendant. In August 1984, defendant moved pursuant to CPLR 317 to have the default judgment vacated. Special Term, finding...

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