PAIGE v. LUCATORTO


292 A.D.2d 581 (2002)

739 N.Y.S.2d 611

ANDREA K. PAIGE et al., Appellants, v. ANTHONY LUCATORTO, Respondent.

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

Decided March 25, 2002.


Ordered that the order is modified by deleting therefrom the words "with prejudice" and substituting therefor the words "without prejudice"; as so modified, the order is affirmed, without costs or disbursements.

The appellants, as the executrixes of their father's estate, sought to recover on a debt allegedly owed by the defendant to the decedent. Although the Supreme Court granted the appellants' motion for leave to enter a judgment on the defendant's default on...

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