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DUTCHESS TRUCK REPAIR, INC. v. BOYCE

120 A.D.3d 543 (2014)

991 N.Y.S.2d 639

2014 NY Slip Op 05768

DUTCHESS TRUCK REPAIR, INC., et al., Appellant, v. JOE BOYCE et al., Respondents, et al., Defendant.

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

Decided August 13, 2014.

In an action, inter alia, to recover damages for breach of a commercial lease, the plaintiffs appeal, as limited by their brief, (1) from so much of an order of the Supreme Court, Dutchess County (Pagones, J), dated December 14, 2011, as denied their motion to strike the answer of the defendants Joe Boyce, Sally Boyce, and Trans Star Enterprises, Inc., pursuant to CPLR 3126, to vacate their default in serving a timely reply to the counterclaim of the defendants Joe Boyce...

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