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NAM TAI ELECTRONICS, INC. v. UBS PAINEWEBBER INC.

46 A.D.3d 486 (2007)

850 N.Y.S.2d 11

NAM TAI ELECTRONICS, INC., Appellant, v. UBS PAINEWEBBER INC., Also Known as UBS WEALTH MANAGEMENT USA, Respondent.

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

Decided December 27, 2007.

If defendant were in default for failure to answer timely pursuant to CPLR 3211 (f), it would not be necessary to reach the other issues raised by plaintiff. However, the motion court's excusal of defendant's default, made sua sponte during oral argument, is not an appealable order where the transcript was not "so ordered" by the court (see Matter of Grisi v Shainswit, 119 A.D.2d 418, 420...

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