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HIRSCH v. NEW YORK CITY DEPT. OF EDUCATION

9797N, 103504/10.

105 A.D.3d 522 (2013)

961 N.Y.S.2d 923

2013 NY Slip Op 2493

YITZCHAK M. HIRSCH, Also Known as JUSTIN HIRSCH, by DEVORAH HIRSCH, His Mother and Guardian ad Litem, et al., Appellants, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Respondents.

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

Decided April 11, 2013.

Order, Supreme Court, New York County (Barbara Jaffe, J.), entered July 15, 2011, which denied plaintiffs' motion for a default judgment and granted defendants' cross motion to compel plaintiffs to accept their untimely answer and to dismiss the complaint as against defendant James Secreto, unanimously affirmed, without costs. Prior Case History: 2011 NY Slip Op 31045(U).

The motion court properly exercised its discretion in granting the cross motion to compel plaintiff...

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