2012-04210, 2013-01897

112 A.D.3d 577 (2013)

976 N.Y.S.2d 171

2013 NY Slip Op 8046

EHS QUICKSTOPS CORP. et al., Appellants, v. GRJH, INC., Respondent.

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

Decided December 4, 2013.

In an action to recover money had and received, the plaintiffs appeal (1) from an order of the Supreme Court, Dutchess County (DiBella, J.), dated March 28, 2012, which denied their motion for leave to enter a judgment against the defendant upon the defendant's failure to appear or answer, and granted the defendant's cross motion pursuant to CPLR 2004 and 3012 to compel them to accept a late answer, and (2), as limited by their brief, from so much of an order of the same...

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