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McIlvaine v. McIlvaine

232 A.D. 684 Court N.Y. App. Div. English

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p. 684
Anita M. McIlvaine, Respondent, v. Thomas McIlvaine, Jr., Appellant.

On argument, order denying defendant’s motion to open default reversed upon the law and the facts, without costs, and motion granted, without costs; defendant’s proposed answer to be served within five days from the entry of the order herein; judgment, order of arrest and undertaking given thereon to remain as security. Lazansky, P. J., Kapper, Hagarty, Carswell and Seudder, JJ., concur.