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OTERI v. OTERI-HARKINS

2017-00088. Index No. 15146/15.

183 A.D.3d 902 (2020)

122 N.Y.S.3d 915

2020 NY Slip Op 03018

Steven Oteri, Respondent, v. Diane Oteri-Harkins et al., Appellants.

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

Decided May 27, 2020.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action, inter alia, to recover damages for defamation. After the defendants' time to appear in the action elapsed (see CPLR 320[a]; 3211[e]), the defendants moved pursuant to CPLR 3211(a) to dismiss the complaint. The plaintiff moved, in effect, for leave to enter a default judgment. By order entered October 26, 2016, the Supreme Court denied the defendants' motion and granted the...

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