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URAL v. ENCOMPASS INSURANCE CO. OF AMERICA

2015-08597. Index No. 2208/07.

158 A.D.3d 845 (2018)

73 N.Y.S.3d 91

2018 NY Slip Op 01350

THOMAS P. URAL, Respondent-Appellant, v. ENCOMPASS INSURANCE COMPANY OF AMERICA et al., Appellants-Respondents, et al., Defendant.

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

Decided February 28, 2018.

Ordered that the cross appeal is dismissed as abandoned, without costs or disbursements; and it is further,

Ordered that the order is modified, on the law and in the exercise of discretion, by deleting the provision thereof granting that branch of the plaintiff's cross motion which was pursuant to CPLR 3126 (3) to strike the verified answer of the defendants Encompass Insurance Company of America and Encompass Insurance Company and for leave to enter a default judgment...

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