SMITH v. CITY OF NEW YORK


238 A.D.2d 574 (1997)

656 N.Y.S.2d 378

Patrick Smith et al., Plaintiffs, v. City of New York et al., Defendants, and Mrls Construction, Inc., Defendant and Third-Party Plaintiff-Respondent. J.D.W. Construction Corp., Third-Party Defendant-Appellant

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

April 28, 1997


Ordered that the appeal is dismissed, without costs or disbursements.

The Supreme Court entered a judgment in favor of the third-party plaintiff and against the appellant after the appellant failed to comply with a prior order granting the third-party plaintiff's motion for summary judgment on its third-party complaint unless the appellant provided certain discovery. Since the judgment is deemed to have been entered on the appellant's default, the appellant's proper...

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