HIMELEIN v. FRANK


155 A.D.2d 964 (1989)

Larry M. Himelein, as Cattaraugus County District Attorney, Appellant, v. John B. Frank, Respondent, and State of New York, Intervenor-Appellant

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

November 15, 1989


Order unanimously reversed on the law without costs, motion to dismiss denied, motion for default judgment granted and Clerk of Supreme Court directed to enter judgment accordingly.

Memorandum:

Defendant never appeared in this action brought under CPLR article 13A. Plaintiff's claim was for a sum certain and application for a default judgment could have been made to the Clerk (see, CPLR 3215 [a]). In the...

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