MARTINS v. WOOD


251 A.D.2d 465 (1998)

675 N.Y.S.2d 544

Jose Martins et al., Appellants, v. David Wood, Respondent, et al., Defendant

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

June 15, 1998


Ordered that the order is affirmed, with costs.

In 1992, David Wood, a defendant in the instant action, commenced an action in the Supreme Court, Nassau County, against the plaintiffs in the instant action. That prior action was based upon the same transaction and alleged the same facts as the instant action. A judgment in the prior action was entered upon the default of the plaintiffs herein (see, CPLR 3215 [a]). Since a default judgment is a judgment on the...

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