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C. Pavlou, Inc. v. Gargano

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1996
228 A.D.2d 632 (N.Y. App. Div. 1996)

Opinion

June 24, 1996

Appeal from the Supreme Court, Kings County (G. Aronin, J.).


Ordered that the appeal by Carmine Sirico is dismissed as withdrawn; and it is further,

Ordered that the appeal by Cardon Brick Corp. is dismissed, as Cardon Brick Corp. is not aggrieved by the portion of the order appealed from ( see, CPLR 5511); and it is further,

Ordered that the order is affirmed insofar as appealed from by the appellant Ignazio Lettieri; and it is further,

Ordered that the respondents are awarded one bill of costs payable by the appellant Ignazio Lettieri.

The Supreme Court did not improvidently exercise its discretion in relieving the default of the third-party plaintiffs in responding to the third-party defendants' notice to admit ( see, CPLR 3123, 2005; Gutenplan v. Dauman, 154 A.D.2d 337). O'Brien, J.P., Sullivan, Florio and McGinity, JJ., concur.


Summaries of

C. Pavlou, Inc. v. Gargano

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1996
228 A.D.2d 632 (N.Y. App. Div. 1996)
Case details for

C. Pavlou, Inc. v. Gargano

Case Details

Full title:C. PAVLOU, INC., Plaintiff, v. GAETANO GARGANO et al., Defendants. (Action…

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

Date published: Jun 24, 1996

Citations

228 A.D.2d 632 (N.Y. App. Div. 1996)
644 N.Y.S.2d 994

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