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SAILER v. CONTARINO

129 A.D.2d 788 (1987)

Robert Sailer, Appellant, v. Anthony Contarino et al., Respondents

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

April 27, 1987

Ordered that the order is affirmed, with costs.

The defendants moved to dismiss the complaint pursuant to CPLR 3211 (a) (5). The designated return date, some 20 days after service of the motion papers, fell on a Saturday. The plaintiff defaulted on the motion and the complaint was dismissed. Over three months later, the plaintiff moved to vacate his default based solely on the affirmations of his counsel. The plaintiff...

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