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MANHATTAN LIFE INS. CO. v. FERNANDEZ

116 A.D.2d 490 (1986)

Manhattan Life Insurance Company, Appellant, v. Francisco Fernandez et al., Defendants, and Edward Peterson, Respondent

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

January 9, 1986

In this mortgage foreclosure action, the plaintiff Manhattan Life Insurance Company moved "for an order striking the answer of the defendant Edward Peterson and granting judgment of the plaintiff for the relief demanded in the complaint". None of the defendants responded to the motion. The affidavits and documents that were submitted in support of the motion would have been sufficient to grant summary judgment to the plaintiff if the motion had been made under CPLR 3212,...

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