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Patterson v. Patterson

Appellate Division of the Supreme Court of New York, Second Department
Oct 30, 1995
220 A.D.2d 731 (N.Y. App. Div. 1995)

Opinion

October 30, 1995

Appeal from the Supreme Court, Suffolk County (Kitson, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court correctly denied defendant's motion pursuant to CPLR 3215 (c) to dismiss the complaint as abandoned. While the plaintiff did not initiate proceedings for the entry of a judgment within one year after the defendant's default, the record reveals that the plaintiff's efforts to prosecute the action included serving interrogatories, obtaining a pendente lite order, and applying for temporary maintenance and child support arrears and for an adjudication of contempt. Thus, the plaintiff did not abandon the action, and it should not be dismissed. Bracken, J.P., O'Brien, Ritter, Friedmann and Goldstein, JJ., concur.


Summaries of

Patterson v. Patterson

Appellate Division of the Supreme Court of New York, Second Department
Oct 30, 1995
220 A.D.2d 731 (N.Y. App. Div. 1995)
Case details for

Patterson v. Patterson

Case Details

Full title:TERRY PATTERSON, Respondent, v. LEONARD PATTERSON, Appellant

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

Date published: Oct 30, 1995

Citations

220 A.D.2d 731 (N.Y. App. Div. 1995)
633 N.Y.S.2d 75

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