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S & M SUPPLY v. RENT A CAR SYS.

5 Misc.3d 36 (2004)

784 N.Y.S.2d 282

S & M SUPPLY INC., as Assignee of UMAR CREDLE, Appellant, v. DOLLAR RENT A CAR SYSTEMS INC., Respondent.

Supreme Court, Appellate Term, Second Department.

July 21, 2004.

Attorney(s) appearing for the Case

Amos Weinberg, Great Neck, for appellant.

McDonough Marcus Cohn Tretter Heller & Kanca LLP, New Rochelle (Brian J. Divney of counsel), for respondent.

PESCE, P.J., PATTERSON and GOLIA, JJ.

OPINION OF THE COURT

Memorandum.

Order unanimously affirmed without costs.

Plaintiff commenced the instant action to recover the sum of $2,176.29 in first-party no-fault benefits for medical supplies furnished to its assignor. Upon defendant's failure to appear or answer, plaintiff moved for an order directing the clerk to enter a default judgment against defendant for the principal sum of $2,176.29, plus preset statutory attorney's fees of 20% and...

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