MAURICE v. MAURICE

2009-08881, 2009-11077.

78 A.D.3d 792 (2010)

910 N.Y.S.2d 658

GEORGE T. MAURICE, Appellant, v. ANN MAURICE, as Administratrix of the Estate of ANITA MAURICE, Deceased, et al., Respondents.

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

Decided November 9, 2010.


Ordered that the judgment is reversed insofar as appealed from, on the facts and in the exercise of discretion, and the defendants' motion for leave to enter a default judgment on their counterclaims is denied; and it is further,

Ordered that the appeal from the order is dismissed as academic in light of our determination on the appeal from the judgment; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

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