ANIFOWOSE v. RUBIANO


288 A.D.2d 169 (2001)

732 N.Y.S.2d 372

FELICIA ANIFOWOSE, Appellant, v. HENRY RUBIANO, Respondent.

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

Decided November 5, 2001.


Ordered that the order is reversed, as a matter of discretion, with costs, the motion is granted, and the cross motion is denied.

The Supreme Court improvidently exercised its discretion in denying the plaintiff's motion for leave to enter judgment in her favor on the issue of liability upon the defendant's default in appearing or answering and in granting the cross motion compelling her to accept the defendant's answer. The defendant failed to demonstrate either...

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