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UTICA MUT. INS. CO. v. LYNTON

28184/09.

31 Misc.3d 804 (2011)

918 N.Y.S.2d 332

UTICA MUTUAL INSURANCE COMPANY, as Subrogee of Ramona Estevez, Plaintiff, v. MICHAEL ANDRE LYNTON, Defendant.

District Court of Nassau County, Second District.

Decided March 8, 2011.

Attorney(s) appearing for the Case

Randall B. Smith , P.C., Melville, for plaintiff.

Michael Andre Lynton , defendant pro se.

OPINION OF THE COURT

MICHAEL A. CIAFFA, J.

When a court is presented with a default judgment application, it is tempting to simply grant it and move on to other pressing matters. However, the rule of law, as I understand it, demands more. The court's duty is not "ministerial." (See e.g. McGee v Dunn, 75 A.D.3d 624, 624 [2d Dept 2010].) If subject matter jurisdiction is lacking, the court should "refuse to proceed...

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