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BURDEN v. GRAVES

23 A.D.3d 421 (2005)

805 N.Y.S.2d 583

PHYLLIS BURDEN et al., Respondents, v. JULIUS GRAVES, Appellant.

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

November 14, 2005.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was to dismiss the first cause of action pursuant to CPLR 3211 is granted, and that cause of action is dismissed.

On September 25, 2003, the defendant obtained a judgment by default against the plaintiffs Phyllis Burden and Rose Johnson establishing his "undivided one half (½) interest" in the subject...

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