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Markel v. Garber

Appellate Division of the Supreme Court of New York, Second Department
Jun 3, 1985
111 A.D.2d 750 (N.Y. App. Div. 1985)

Opinion

June 3, 1985

Appeal from the Supreme Court, Nassau County (Roncallo, J.).


Order modified by deleting the provision requiring service of an amended complaint and answer. As so modified, order affirmed, with costs to defendants. The answer which was attached to the motion to vacate the default judgment shall be deemed the answer in this case and shall be deemed to have been served.

The totality of the circumstances in this case justified vacatur of the default. Lazer, J.P., Bracken, O'Connor and Brown, JJ., concur.


Summaries of

Markel v. Garber

Appellate Division of the Supreme Court of New York, Second Department
Jun 3, 1985
111 A.D.2d 750 (N.Y. App. Div. 1985)
Case details for

Markel v. Garber

Case Details

Full title:ROBERT MARKEL et al., Appellants, v. GERALD GARBER et al., Respondents

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

Date published: Jun 3, 1985

Citations

111 A.D.2d 750 (N.Y. App. Div. 1985)