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CARY v. CIMINO

402 CA 14-01496

128 A.D.3d 1460 (2015)

9 N.Y.S.3d 493

2015 NY Slip Op 03965

JEFFREY P. CARY, Individually and as Father of JOAN CARY, an Infant, Respondent, v. MICHAEL A. CIMINO et al., Appellants.

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

Decided May 8, 2015.

Appeal from an order of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered May 5, 2014. The order, inter alia, granted the motion of plaintiff for a default judgment and denied the motion of defendants to compel plaintiff to accept service of their answer.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, plaintiff's motion is denied, defendants' motion to compel plaintiff to accept service of the...

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