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ROBERT MARINI BUILDER, INC. v. RAO

263 A.D.2d 846 (1999)

694 N.Y.S.2d 208

ROBERT MARINI BUILDER, INC., Respondent, v. CHARLES J. RAO, Defendant and Third-Party Plaintiff-Respondent. RONALD G. LOEBER, Individually and as Proposed Executor/ Administrator of the Estate of CONRAD LOEBER, Deceased, Third-Party Defendant-Appellant.

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

Decided July 22, 1999.

In 1997 defendant named Ronald G. Loeber as a third-party defendant in an action seeking a corrective deed to a parcel of real estate located in the Town of Guilderland, Albany County. Loeber did not serve or file an answer to the third-party complaint but instead, acting pro se, filed a "notice of intent" which consisted of a signed document stating his intention to appear and defend the matter. Defendant thereafter moved...

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