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WEBER v. PELLER

510389.

82 A.D.3d 1331 (2011)

918 N.Y.S.2d 241

ROBERT WEBER, Also Known as BOB WEBER, Doing Business as WOODHILL ELECTRIC, Respondent, v. JOEL PELLER et al., Appellants.

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

Decided March 3, 2011.

MALONE JR., J.

Plaintiff commenced this action against defendants in December 2007 seeking damages arising out of defendants' alleged breach of contract. In February 2008, in lieu of answering, defendants moved to dismiss the complaint. Following oral argument, by order entered May 28, 2008, County Court denied defendants' motion. Although defendants were served with notice of entry of the May 2008 order on June 9, 2008, instead of serving an answer, they filed a...

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