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Wolfensteller v. Frank

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1975
50 A.D.2d 846 (N.Y. App. Div. 1975)

Opinion

December 15, 1975


In consolidated actions inter alia to recover damages for wrongful interference with a contract, plaintiff appeals from a judgment of the Supreme Court, Suffolk County, entered April 30, 1975, which, inter alia, dismissed her complaints. Appeal dismissed, without costs. The judgment resulted from plaintiff's default upon defendants' motion to dismiss her pleadings. No appeal lies from an order or judgment entered upon the default of the aggrieved party (CPLR 5511). On the court's own motion, the decision and order of this court, dated October 6, 1975 and made on defendants' motion to dismiss the appeal, are hereby recalled and vacated and the latter motion is denied as moot, in view of the within determination dismissing the appeal. Hopkins, Acting P.J., Cohalan, Christ, Brennan and Shapiro, JJ., concur.


Summaries of

Wolfensteller v. Frank

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1975
50 A.D.2d 846 (N.Y. App. Div. 1975)
Case details for

Wolfensteller v. Frank

Case Details

Full title:MARLIT WOLFENSTELLER, Appellant, v. CLAIRE FRANK, Respondent. (And Another…

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

Date published: Dec 15, 1975

Citations

50 A.D.2d 846 (N.Y. App. Div. 1975)

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