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VIERA v. VIERA

159 A.D.2d 327 (1990)

Ramon A. Viera, Appellant, v. Esther Viera, Respondent

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

March 15, 1990

In the interim between the vacatur of the default judgment and this motion to reinstate it, plaintiff had successfully moved to discontinue the action. Therefore, there was no pending action within which the court could grant the requested relief. (See, Gardner v Board of Educ., 28 A.D.2d 616 [3d Dept].) Further, plaintiff's attorney's statements on this motion, seeking to establish...

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