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Lombardo v. Reed

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1991
171 A.D.2d 779 (N.Y. App. Div. 1991)

Opinion

March 18, 1991

Appeal from the Supreme Court, Westchester County (Ruskin, J.).


Ordered that the order is affirmed, with costs.

The default judgment was properly vacated. Since the defendant's timely demand for a complaint extended his time to appear until 20 days after service of the complaint, and the complaint was never served, the defendant was never in default (see, CPLR 3012 [b]).

On this record, it is also clear that the Supreme Court did not improvidently exercise its discretion in dismissing the action pursuant to CPLR 3012 (b). Thompson, J.P., Rosenblatt, Miller and Ritter, JJ., concur.


Summaries of

Lombardo v. Reed

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1991
171 A.D.2d 779 (N.Y. App. Div. 1991)
Case details for

Lombardo v. Reed

Case Details

Full title:NICHOLAS LOMBARDO, Appellant, v. JOHN REED, Respondent

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

Date published: Mar 18, 1991

Citations

171 A.D.2d 779 (N.Y. App. Div. 1991)