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KALAMADEEN v. SINGH

19 Misc.3d 23 (2008)

855 N.Y.S.2d 819

SHAFEEK KALAMADEEN, Appellant, v. ARVINDERPAL SINGH, Respondent.

Supreme Court, Appellate Term, Second Department.

January 24, 2008.

Attorney(s) appearing for the Case

Linda T. Ziatz, Massapequa Park, for appellant.

Baker, McEvoy, Morrissey & Moskovitz, P.C., New York City (Michael I. Joseph of counsel), for respondent.

GOLIA and BELEN, JJ., concur; WESTON PATTERSON, J.P., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order affirmed without costs.

In this action to recover damages sustained as a result of a motor vehicle accident which occurred on February 26, 2001 a default judgment was entered in favor of plaintiff on August 18, 2004. On May 24, 2005 defendant moved to vacate the default judgment and to be afforded "an opportunity to defend himself," claiming that he did not reside...

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