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ASNES v. HINDS

135 Misc.2d 328 (1987)

Ellen Asnes et al., Plaintiffs, v. Alan Hinds et al., Defendants.

Civil Court of the City of New York, Special Term, Kings County.

April 22, 1987

Attorney(s) appearing for the Case

Alio & Caiati (John J. McDonough of counsel), for Neptune Rent-A-Car, defendant. Howard S. Kass, P. C., for plaintiffs. Benjamin Purvin for Alan Hinds, defendant.

ALAN L. LEBOWITZ, J.

Defendant Neptune Rent-A-Car moves for an order, pursuant to CPLR 3215 (c), dismissing the codefendant's, Alan Hinds, counterclaim against the plaintiff Melvin Asnes on the grounds that defendant Hinds has failed to institute proceedings for entry of a default judgment on the counterclaim within one year from the date of default.

The instant action arises out of an automobile accident...

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