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GREEN v. KOLUR

234 A.D.2d 267 (1996)

651 N.Y.S.2d 319

Reather Green et al., Respondents, v. Michael Kolur et al., Defendants, Edward Pyne et al., Respondents, and Paul Becker et al., Appellants

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

December 2, 1996

Ordered that the order is affirmed, with costs.

Under the particular circumstances of this case, the Supreme Court did not improvidently exercise its discretion when it granted the plaintiffs' motion for leave to enter a default judgment against the appellants. The appellants' answer was stricken by operation of law, because of their failure to comply with a prior conditional order of preclusion of the same court, dated...

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