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SCRITCHFIELD v. PERRY

245 A.D.2d 1054 (1997)

667 N.Y.S.2d 584

Diana M. Scritchfield, as Adminstratrix of The Estate of Mitchell N. Scritchfield, Also Known as Mitchell Scritchfield, Deceased, Respondent, v. Arlette Perry et al., Doing Business as Woodlawn Hotel, Appellants, et al., Defendant. (Appeal No. 1.)

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

December 31, 1997

Order unanimously affirmed with costs.

Memorandum:

Arlette Perry, doing business as Woodlawn Hotel, and J.A.C.E.P., Ltd., doing business as Woodlawn Hotel (defendants), moved for summary judgment dismissing the complaint. Plaintiff defaulted in responding, and Supreme Court granted the motion. Before an order was signed or entered, plaintiff moved for additional time to respond to the motion and "to vacate any default on the part of [plaintiff] * * * thereto...

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