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KOPPELL RIVER REALTY, INC. v. RODRIGUEZ

5336N, 306810/08.

85 A.D.3d 520 (2011)

925 N.Y.S.2d 70

2011 NY Slip Op 5137

KOPPELL RIVER REALTY, INC., Respondent, v. ELAINE RODRIGUEZ, Defendant, and CHRISTOPHER E. FINGER et al., Appellants.

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

Decided June 14, 2011.

Supreme Court providently exercised its discretion in finding that appellants' tactical choice not to answer the complaint was not an excusable mistake (see 114 W. 26th St. Assoc. LP v Fortunak, 22 A.D.3d 346 [2005]; see also 300 W. 46th St. Corp. v Clinton Hous. W. 46th St. Partners, L.P., 19 A.D.3d 136 [2005]). Furthermore, since liability against appellants has been effectively decided...

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