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KALRA v. KAMEN

184 A.D.2d 287 (1992)

Ramesh Kalra, Individually and as Father and Natural Guardian of Rita Kalra, an Infant, Appellant, v. John Kamen et al., Respondents

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

June 11, 1992

Subsequent to service of an amended complaint plaintiffs moved for a default judgment premised on defendants' failure to timely answer the original complaint. That motion was denied. Plaintiffs then moved for a default judgment based upon defendants' failure to serve an answer to the amended complaint.

Plaintiff effectively waived service of an answer to the amended complaint when he moved for a default judgment alleging that the defendants failed to interpose an...

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