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VILLAGE AND COUNTRY REAL ESTATE COMPANY, INC. v. MARCHIONNE, JR.

269 A.D.2d 527 (2000)

704 N.Y.S.2d 496

VILLAGE AND COUNTRY REAL ESTATE COMPANY, INC., Doing Business as CENTURY 21, VILLAGE AND COUNTRY, Appellant, v. ANTHONY MARCHIONNE, JR., Defendant, and ANTHONY J. BRIGUGLIO, 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 from, without costs or disbursements.

While we agree with the plaintiff's contention that the defendant Anthony J. Briguglio failed to demonstrate a reasonable excuse for his failure to serve an answer more than two years after the commencement of the action, we are constrained to affirm the order of the Supreme Court on the ground that the defendant Briguglio was not afforded timely notice of the plaintiff's...

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