SMITH v. FRITZ


148 A.D.2d 438 (1989)

Kevin Smith et al., Respondents, v. Mary A. Fritz et al., Appellants

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

March 6, 1989


Ordered that the order is reversed insofar as appealed from, on the law and the facts, with costs, that branch of the plaintiffs' motion which was to vacate their default is denied, and the complaint is dismissed.

The plaintiffs claim to have been injured on July 1, 1977, when the motorcycle on which they were riding was hit by a motor vehicle owned by the defendant Mary A. Fritz and operated by the defendant Maura K. Fritz.

On or about June 10, 1980, the...

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