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CLEMENTE v. CLEMENTE

50 A.D.3d 514 (2008)

857 N.Y.S.2d 77

WILLIAM CLEMENTE, Respondent, v. ANA ROSA CLEMENTE, Appellant.

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

Decided April 24, 2008.

The motion court properly dismissed the wife's counterclaim for a separation pursuant CPLR 3215 (c), since she failed to enter a default judgment on the counterclaim within one year of the default, and failed to offer a reasonable excuse for the more than 12-year delay in proceeding in the matter (see Geraghty v Elmhurst Hosp. Ctr. of N.Y. City Health & Hosps. Corp., 305 A.D.2d 634 [2003]). However, the court improperly deemed...

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