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MERCHS. INS. CO. OF NEW HAMPSHIRE, INC. v. LONG ISLAND PET CEMETERY, INC.

206 A.D.2d 827 (1994)

616 N.Y.S.2d 299

Merchants Insurance Company of New Hampshire, Inc., Appellant, v. Long Island Pet Cemetery, Inc., et al., Defendants, and Elizabeth Jones et al., on Behalf of Themselves and All Other Persons Similarly Situated, et al., Respondents

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

July 15, 1994

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied plaintiff insurer's motion for a default judgment against those defendants who failed to appear in this action for a declaratory judgment. A "`default judgment in a declaratory judgment action will not be granted on the default and pleadings alone for it is necessary that plaintiff establish a right to a declaration against * * * a defendant...

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