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NORTH FORK BANK v. R & T CORP. OF OW

279 A.D.2d 512 (2001)

719 N.Y.S.2d 265

NORTH FORK BANK, Appellant, v. R & T CORP. OF OW, Defendant, and ROBIN EDER et al., Respondents.

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

Decided January 16, 2001.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion of the respondents Robin Eger, individually and as Executrix of the Estate of Thomas Eger, is denied, and that branch of the plaintiff's cross motion which was for leave to enter a default judgment against the respondents Robin Eger, individually and as Executrix of the Estate of Thomas Eger, is granted.

The Supreme Court erred in vacating the default of the respondents...

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