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HARLEY v. HAWKINS

269 A.D.2d 496 (2000)

703 N.Y.S.2d 735

CLARENCE HARLEY, Appellant, v. VALERIE A. HAWKINS, Respondent.

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

Decided February 22, 2000.

Ordered that the order is affirmed insofar as appealed, with costs.

The Supreme Court providently exercised its discretion in denying the plaintiff's motion (see, Meyer v Rose, 160 A.D.2d 565). Following the commencement of this action, the defendant moved, inter alia, to dismiss the complaint as time-barred. Although this motion was made several days after the time to appear or answer had run (see, CPLR 320...

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