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MANGINI v. HOLLAND

286 A.D. 1060 (1955)

Anthony Mangini, Appellant, v. Edward Holland et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 6, 1955.

This is a negligence action. An answer was filed on behalf of both defendants by an attorney who subsequently withdrew as attorney for the defendant Lynch. Thereafter, the defendant Lynch informed plaintiff's counsel that he did not intend to secure other counsel or appear "for any default." Since no judgment by default could be obtained against the defendant Lynch until the cause had first been moved for trial and proof presented...

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