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HOLT v. HOLT

262 A.D.2d 530 (1999)

692 N.Y.S.2d 451

EDGAR L. HOLT, Respondent, v. ROBERT M. HOLT et al., Defendants, and CHAMPION MORTGAGE CO., INC., et al., Appellants.

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

Decided June 21, 1999.

Ordered that the order is affirmed, without costs or disbursements.

CPLR 3215 (a) requires that when a default judgment is taken against fewer than all of the defendants, the action is severed as against the remaining defendants (see, Frolish v Ryder Truck Rental, 63 A.D.2d 799). The judgment obtained by the plaintiff as against the defaulting defendant is not entitled to collateral estoppel effect against the nondefaulting...

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