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GIOVANELLI v. RIVERA

23 A.D.3d 616 (2005)

804 N.Y.S.2d 817

JOANNE GIOVANELLI et al., Appellants, v. EDUARDO RIVERA, Respondent.

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

November 28, 2005.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Queens County, for an inquest on the issue of damages.

The defendant failed to submit sufficient evidence to support his allegation that the plaintiffs agreed to extend his time to answer (see Juseinoski v Board of Educ. of City of N.Y., 15 A.D.3d 353, 355 [2005]). Thus, the defendant was in...

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