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BROWN v. ROSEDALE NURSERIES, INC.

259 A.D.2d 256 (1999)

686 N.Y.S.2d 22

MARION BROWN et al., Appellants, v. ROSEDALE NURSERIES, INC., et al., Respondents, et al., Defendant.

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

Decided March 2, 1999.

In concluding that plaintiffs had abandoned their complaint against defendant Rockefeller Center Properties because they had failed "to take proceedings for the entry of judgment within one year after the default" (CPLR 3215 [c]), the court failed to consider plaintiffs' order to show cause, brought within one year of defendant's default, before Justice Braun, seeking entry of a default judgment. Although Justice Braun did not sign that order to show cause, it has been recognized...

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