Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, the branch of the motion which was for leave to enter judgment against the defendant Marlon Ogilivie upon his default in appearing or answering the complaint is denied, the cross motion is granted, and the answer annexed to the cross motion papers is deemed served upon the plaintiff.
Service of the summons and complaint on the defendant Marlon Ogilivie...
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