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VARGAS v. AHMED

41 A.D.3d 328 (2007)

837 N.Y.S.2d 654

JUAN PABLO VARGAS, an Infant, by His Mother and Natural Guardian, MONICA VARGAS, et al., Respondents, et al., Plaintiff, v. KAMAL AHMED et al., Appellants.

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

Decided June 26, 2007.

The military stay ordered by the court in 2004 applied only to plaintiff Rodolfo Vargas, not the responding plaintiffs, whose causes of action had already been dismissed. There is no evidence that Rodolfo Vargas was necessary for the motion of his coplaintiffs to vacate their defaults (see Pinkowski v All-States Sawing & Trenching, 290 A.D.2d 873 [2002]). Therefore, the responding plaintiffs...

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