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SOLOVAY v. NICOLA PAONE CORP.

219 A.D.2d 462 (1995)

645 N.Y.S.2d 769

Paul Solovay, Respondent, v. Nicola Paone Corp., Appellant

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

September 7, 1995

Only the appeal from the October 28, 1994 order is at issue, first because it superseded the prior order (see, e.g., Layton v Layton, 19 A.D.2d 726, 727), and second because the prior order was nonapplicable since it was entered on default (CPLR 5511). The October 28, 1994 order denied a motion by defendant denominated as one for renewal/reargument of the motion decided on February 8, 1994 but, in fact, defendant was seeking...

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