GIACOPELLI v. GUIDUCCI


36 A.D.3d 853 (2007)

828 N.Y.S.2d 584

JAMES J. GIACOPELLI et al., Appellants, v. DINO GUIDUCCI et al., Respondents.

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

Decided January 30, 2007.


Ordered that the order is affirmed insofar as appealed from, with costs.

In seeking a default judgment against the defendant Dino Guiducci, the plaintiffs were not required to comply with the additional notice requirements of CPLR 3215 (g) (3) because this is not "an action based upon nonpayment of a contractual obligation" (CPLR 3215 [g] [3] [i]; cf. NYCTL-1 Trust v Liberty Bay Realty Corp., 21 A.D.3d 1013 [2005]). Thus...

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