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RADISH v. RODRIGUEZ

31 A.D.3d 524 (2006)

817 N.Y.S.2d 521

ANN RADISH, Respondent, v. EDWIN RODRIGUEZ, JR., et al., Appellants.

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

July 11, 2006.

Ordered that the order is reversed, on the law, with costs, the motion is denied, the cross motion is granted, and the complaint is dismissed.

Given the plaintiff's failure to present evidence of a viable cause of action, the court should have denied the plaintiff's motion for leave to enter judgment upon the defendants' default (see CPLR 3215 [f]; Beaton v Transit Facility Corp., 14 A.D.3d...

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