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RODRIGUEZ v. KILLERLANE

44 A.D.3d 420 (2007)

843 N.Y.S.2d 69

JUDITH REBECCA RODRIGUEZ, Respondent, v. JAMES KILLERLANE, Appellant.

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

Decided October 11, 2007.

It appears that defendant allowed a year to pass without moving for a default judgment against the defendants in the underlying action, out-of-possession owners of premises leased to plaintiff's employer and in which plaintiff slipped and fell, and that as a result the underlying action was dismissed as abandoned pursuant to CPLR 3215 (c). Defendant concedes that his failure to move for a default judgment was negligent, but argues...

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