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PUGLIESE v. MONDELLO

2009-00954 2009-02057

67 A.D.3d 880 (2009)

891 N.Y.S.2d 414

2009 NY Slip Op 08598

SAVERIO C. PUGLIESE, Respondent-Appellant, v. BEN MONDELLO, Also Known as BEN R. MONDELLO, JR., Appellant-Respondent.

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

Decided November 17, 2009.

Ordered that the order entered January 22, 2009 is affirmed insofar as appealed from; and it is further,

Ordered that the order entered February 25, 2009 is reversed, on the law, and the motion, in effect, to strike the defendant's answer is granted; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

The Supreme Court providently exercised its discretion in granting a conditional...

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