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HOLUBAR v. HOLUBAR

2010-06781.

89 A.D.3d 802 (2011)

934 N.Y.S.2d 710

2011 NY Slip Op 8123

JOEL HOLUBAR et al., Appellants, v. MICHELLE HOLUBAR, Respondent, et al., Defendant.

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

Decided November 9, 2011.

Ordered that the order is reversed, on the law, with costs, and the cross motion of the defendant Michelle Holubar to dismiss the complaint insofar as asserted against her is denied.

The defendant Michelle Holubar (hereinafter the defendant) was in default for failing to timely answer the complaint or appear in this action. Thus, the defendant's cross motion to dismiss the complaint insofar as asserted against her was untimely (see CPLR 308 [2]; 320 [a]) and...

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