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BANK OF N.Y. v. DeJOHN

2019-01361, 2019-01362. Index No. 27967/08.

207 A.D.3d 510 (2022)

170 N.Y.S.3d 473

2022 NY Slip Op 04530

Bank of New York, Respondent, v. John DeJohn, Appellant, et al., Defendants.

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

Decided July 13, 2022.

Attorney(s) appearing for the Case

Irwin Popkin, Melville, NY, for appellant.

Eckert Seamans Cherin & Mellott, LLC, White Plains, NY (Kenneth Flickinger of counsel), for respondent.

Barros, J.P., Chambers, Miller and Christopher, JJ., concur.

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

Although denominated as one for summary judgment on the complaint insofar as asserted against the defendant John DeJohn (hereinafter the defendant), that branch of the plaintiff's motion was, in actuality, one for leave to enter a default judgment against the defendant. A plaintiff moving for leave to enter a default judgment against...

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