JOLKOVSKY v. LEGEMAN


32 A.D.3d 418 (2006)

819 N.Y.S.2d 561

NAOMI JOLKOVSKY, Respondent, v. JOHN E. LEGEMAN et al., Defendants, and CHASE MANHATTAN AUTOMOTIVE FINANCE CORPORATION, Appellant.

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

August 8, 2006.


Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is denied, the cross motion is granted, and the "amended answer with cross claim to supplemental complaint" annexed to the cross motion papers is deemed served upon the plaintiff.

Under the circumstances of this case, the Supreme Court improvidently exercised its discretion in granting the plaintiff's motion for leave to enter judgment against the defendant Chase Manhattan...

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