BRANNIGAN v. DUBUQUE


199 A.D.2d 851 (1993)

606 N.Y.S.2d 401

Dorothy M. Brannigan, Respondent, v. Brigitte M. Dubuque, Appellant

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

December 30, 1993


Mercure, J.

This personal injury action arises out of a September 1987 automobile accident. After the completion of discovery, plaintiff placed the case on the trial calendar and a pretrial conference was scheduled by Supreme Court. On the prescribed day, there was no appearance by either defendant or her attorney, as a result of which Supreme Court determined that "[d]efendant's answer is stricken and plaintiff is granted judgment by default on the issue...

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