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G.D. VAN WAGENEN FINANCIAL SERVICES, INC. v. SICHEL

43 A.D.3d 1104 (2007)

841 N.Y.S.2d 790

G.D. VAN WAGENEN FINANCIAL SERVICES, INC., as Subrogee of LAKELAND BANK, Respondent, v. MICHAEL SICHEL et al., Defendants, and GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellant.

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

Decided September 25, 2007.

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the motion of the defendant Government Employees Insurance Company to dismiss the complaint insofar as asserted against it is granted.

As a result of the plaintiff's failure to timely comply with a 60-day conditional order of preclusion, which was served with notice of entry on May 1, 2006, that conditional order became absolute...

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