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MacCAGNO v. PRIOR

3667N, 601054/09.

78 A.D.3d 549 (2010)

910 N.Y.S.2d 646

PIERRE MacCAGNO, PH.D., Appellant, v. JOHN J. PRIOR, Jr., et al., Respondents.

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

Decided November 18, 2010.

There was no default because defendants had requested and received an extension of time to respond to the complaint (see Grant v City of New York, 17 A.D.3d 215, 217 [2005]), they timely served their motion to dismiss in full compliance with CPLR 2103 (b) (2), and they complied with the court's instruction that they need not respond to interrogatories until the court directed otherwise.

In dismissing the complaint in...

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