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BURTNER v. BURTNER

144 A.D.2d 417 (1988)

Mary Burtner, Appellant, v. Richard Burtner, Defendant. Kathleen Mercereau, as Administratrix of The Estate of Richard Burtner, Deceased, Intervenor-Respondent

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

November 14, 1988

Ordered that the order is reversed, without costs or disbursements, and the motion is denied without prejudice to the right to commence a plenary action.

By order to show cause dated September 16, 1986, the intervenor, acting in her capacity as the administratrix of the estate of the defendant Richard Burtner, moved, within the action in which a judgment by confession had been entered in favor of the plaintiff on December...

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