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WHITE v. WEILER

255 A.D.2d 952 (1998)

680 N.Y.S.2d 784

Francis D. White, Respondent, v. John G. Weiler et al., as Coexecutors of Joseph Weiler, Deceased, Appellants

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

November 13, 1998

Order unanimously reversed in the interest of justice without costs, motion granted and judgment vacated.

Memorandum:

Defendants argue that the default judgment should not have been accepted by the Oneida County Clerk for filing because three causes of action do not fall within the statutory definition of claims for a sum certain (see, CPLR 3215 [a]). Although defendants failed to make that argument to Supreme...

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