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ROMAN v. SHABAKA

509626.

80 A.D.3d 1112 (2011)

914 N.Y.S.2d 920

NANCY C. ROMAN, Respondent, v. NUBIAA SHABAKA, Appellant.

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

Decided January 27, 2011.

MALONE Jr., J.

Plaintiff commenced this action by service of a notice of motion for summary judgment in lieu of complaint pursuant to CPLR 3213 after defendant defaulted on a promissory note. Supreme Court granted plaintiff's motion but defendant did not appeal from that order. Defendant's subsequent motion for reargument was denied by the court and this appeal ensued.

Inasmuch as defendant appeals only from the...

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