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KASWAN v. MANNINGS

198 A.D.2d 170 (1993)

604 N.Y.S.2d 71

Joseph Kaswan, Appellant, v. Kenneth E. Mannings et al., Respondents

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

November 23, 1993

The IAS Court properly denied plaintiff's CPLR 3213 motion since the Federal court judgment on which it was based (Kaswan v Mannings, 1991 US Dist LEXIS 3357 [US Dist Ct, SD NY, Mar. 20, 1991, Sand, J.]), was not a substantive award in plaintiff's favor. The District Court's statement that "plaintiff suffered injury as a result of the ruling by ALJ Mannings and was deprived of a property right" (1991 US Dist LEXIS 3357,...

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