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ZECCOLA & SELINGER, LLC v. HOROWITZ

2010-12128.

88 A.D.3d 992 (2011)

931 N.Y.S.2d 536

2011 NY Slip Op 7632

ZECCOLA & SELINGER, LLC, Appellant, v. HARVEY HOROWITZ et al., Respondents.

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

Decided October 25, 2011.

Ordered that the order is affirmed, with costs.

The Orange County Clerk did not have the authority to enter a clerk's judgment against the defendants under CPLR 3215 (a), as the plaintiff's cause of action was not for a "sum certain" (see Reynolds Sec. v Underwriters Bank & Trust Co., 44 N.Y.2d 568, 572 [1978]; Stephan B. Gleich & Assoc. v Gritsipis, 87 A.D.3d 216 [2011]...

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