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PLOTKIN v. AVON DEV. ENTERS. CORP.

245 A.D.2d 109 (1997)

666 N.Y.S.2d 143

David Plotkin, Individually and as Executor of Benjamin Plotkin, Deceased, Respondent, v. Avon Development Enterprises Corp. et al., Appellants

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

December 11, 1997

Defendants fail to make the required showing of lack of notice of the action in time to defend under CPLR 317 or excusable default under CPLR 5015 (a) (see, Associated Imports v Amiel Publ., 168 A.D.2d 354, lv dismissed 77 N.Y.2d 873). The summons and complaint were served on or about June 15, 1995. Plaintiff's attorney sent letters to defendants at the end of July advising...

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