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MARDJOKIC v. GRIFFIN

186 A.D.2d 431 (1992)

Nikola Mardjokic et al., Respondents, v. Ethel J. Griffin, as Public Administrator of The County of New York, as Administratrix of The Estate of Natalie Kenner, Deceased, Appellant

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

October 15, 1992

The motion to vacate the default judgment was based solely on the ground that the decedent had never been served with process. As defendant concedes on appeal, that ground was withdrawn in the stipulation entered into after the decedent's death. The ground defendant now raises instead — the decedent's personal illness and a death in her family — may not be raised for the first time on appeal (Nelson v Times Sq. Stores Corp., 110 A.D.2d...

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