MITERKO v. PEASLEE

2009-02842.

80 A.D.3d 736 (2011)

915 N.Y.S.2d 314

R. SCOTT MITERKO et al., Respondents, v. STUART D. PEASLEE et al., Respondents, and JOE KORBL PLUMBING & HEATING, INC., Appellant, et al., Defendants.

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

Decided January 25, 2011.


Ordered that the order is modified, on the law, by deleting the provision thereof granting the plaintiffs' motion, inter alia, for leave to enter a default judgment against the defendant Joe Korbl Plumbing & Heating, Inc., on the issue of liability upon its failure to appear or answer the complaint; as so modified, the order is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for a hearing on the issue of whether...

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