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L.R. DEAN, INC. v. INT'L ENERGY RES., INC.

213 A.D.2d 455 (1995)

623 N.Y.S.2d 624

L.R. Dean, Inc., Appellant-Respondent, v. International Energy Resources, Inc., et al., Defendants, and John M. McMillin Foundation, Inc., Respondent-Appellant

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

March 13, 1995

Ordered that the appeal and the cross appeal from the order are dismissed; and it is further,

Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, the judgment by confession is reinstated, and the motion is denied without prejudice to the defendant John M. McMillin Foundation, Inc., to bring a plenary action seeking to set aside an affidavit of confession of judgment and to vacate the judgment by confession entered...

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