GUCLU v. LAW OFFS. OF PHILWIN

2008-1586 KC.

2009 NY Slip Op 52611(U)

MEHMET GUCLU, DURSUN GUCLU AND FATMA GUCLU, Appellants, v. LAW OFFICES OF JED DAVID PHILWIN, JED DAVID PHILWIN, SAM SALAMON, EARL S. DAVID AND ABDUL BASSIT, Respondents.

Supreme Court, Appellate Term, Second Department.

Decided December 18, 2009.


Plaintiffs commenced this action against their former attorneys, alleging that defendants had failed to provide proper services. After an inquest, a judgment was entered against all of the defendants. Thereafter, upon a motion to vacate the default judgment and restore the matter to the calendar, the Civil Court vacated the default and, sua sponte, dismissed the complaint against all of the defendants with prejudice on the ground that the action was time-barred. We find that...

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