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HENRIQUEZ v. PURINS

245 A.D.2d 337 (1997)

666 N.Y.S.2d 190

Giezi S. Henriquez, an Infant, by His Father and Natural Guardian, Jose Henriquez, et al., Plaintiffs, v. Bruno Purins, Defendant and Third-Party Plaintiff-Respondent. Jose A. Mendoza et al., Third-Party Defendants-Appellants

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

December 8, 1997

Ordered that the order is modified, on the law, by deleting the provision thereof which granted the third-party plaintiff's motion for leave to enter a default judgment, and substituting therefor a provision denying the motion; as so modified, the order is affirmed.

CPLR 3215 (f) provides in pertinent part as follows: "On any application for judgment by default, the applicant shall file proof * * * by affidavit * * * made...

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