MARINO v. TERMINI


4 A.D.3d 342 (2004)

771 N.Y.S.2d 537

JOSEPH MARINO, Appellant, v. MARIE TERMINI et al., Respondents. (Action No. 1.) JOSEPH MARINO, Appellant, v. MARIE TERMINI et al., Respondents. (Action No. 2.)

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

February 2, 2004.


Ordered that the appeal from the order dated September 12, 2002, is dismissed, as no appeal lies from an order entered upon the default of the aggrieved party (see CPLR 5511); and it is further,

Ordered that the order dated July 25, 2002, is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the respondents appearing separately and filing separate briefs.

The plaintiff did not oppose the defendant...

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