BATRA v. STATE FARM FIRE & CAS. CO.


205 A.D.2d 480 (1994)

614 N.Y.S.2d 133

Ravi Batra, Appellant, v. State Farm Fire and Casualty Company et al., Respondents

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

June 30, 1994


Plaintiff should be deemed to have defaulted on defendants' motion to strike the portions of the complaint seeking punitive damages and attorney's fees, where, in response to the motion, plaintiff merely interposed requests for adjournments, which were granted, and then never submitted any substantive opposition following the scheduling of the last return date. As no appeal lies from an order entered on the default of an aggrieved party (CPLR 5511), plaintiff's remedy having...

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