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COVELLO v. COVELLO

119 A.D.2d 792 (1986)

Ann J. Covello, Now Known as Ann J. Rooney, Respondent, v. Michael J. Covello et al., Defendants, and Patrick J. Barton, Appellant

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

April 28, 1986

Order reversed, on the law and in the exercise of discretion, with costs, motion granted, cross motion denied, and the plaintiff's action against the remaining defendants is severed.

The plaintiff failed to provide either an acceptable excuse for her default or an affidavit of merit sworn to by an individual having personal knowledge of the facts (see, Kel Mgt. Corp. v Rogers & Wells, 64 N.Y.2d 904). While it is...

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