OPIA v. CHUKWU


278 A.D.2d 394 (2000)

718 N.Y.S.2d 71

FELIX OPIA et al., Appellants, v. ANTHONY O. CHUKWU, Respondent.

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

Decided December 18, 2000.


Ordered that the order is modified, on the law, by adding thereto a provision dismissing the complaint; as so modified, the order is affirmed insofar as appealed from, with costs to the respondent.

It is undisputed that the plaintiffs failed to move for leave to enter judgment within one year after the defendant's alleged default in appearing or answering, as required by CPLR 3215 (c). To justify this omission to move for this relief, the plaintiffs relied on vague...

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