KOSTUN v. GOWER


61 A.D.3d 1307 (2009)

877 N.Y.S.2d 529

DENNIS E. KOSTUN, Respondent, v. DAVID GOWER et al., Defendants, and JENNIFER M. CIMAOMO, Appellant.

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

Decided April 30, 2009.


SPAIN, J.

Plaintiff was the victim of a brutal attack in August 2002 which rendered him a quadriplegic. He commenced this action in 2003 against the two individuals who personally caused his injuries, as well as several other individuals who were present and allegedly conspired in the assault. One such defendant, defendant Jennifer M. Cimaomo (hereinafter defendant), failed to timely answer and, in 2007, plaintiff moved for a default judgment as to liability against...

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