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ABRAHAMS v. COMMONWEALTH LAND TIT. INS. CO.

2013-08312

120 A.D.3d 1165 (2014)

992 N.Y.S.2d 537

2014 NY Slip Op 06042

SOLOMON ABRAHAMS, Appellant, v. COMMONWEALTH LAND TITLE INSURANCE COMPANY, Doing Business as LAND AMERICA COMMONWEALTH, Respondent.

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

Decided September 10, 2014.

Ordered that the order is affirmed insofar as appealed from, with costs.

In this action to recover damages for breach of fiduciary duty, the plaintiff moved pursuant to CPLR 3215 for leave to enter a default judgment against the defendant. In support of the motion, the plaintiff submitted, inter alia, a complaint dated April 7, 2012. The defendant opposed the motion, offering proof that this complaint was the same complaint that had been filed in a

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