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Barajas v. Toll Bros.

249 A.D.2d 34 Court N.Y. App. Div. Decision date 1998-04-07 English

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p. 34
Francisco Barajas et al., Appellants, v Toll Brothers, Inc., Also Known as Toll Bros., Inc., Respondent, et al., Defendants.
[671 NYS2d 230]

—Appeal from order, Supreme Court, New York County (Beverly Cohen, J.), entered on or about September 11, 1997, which granted defendant-respondent’s motion for limited post-default disclosure as to the issue of damages, unanimously dismissed, without costs.

In view of our recent vacatur of the default judgment against defendant ( 247 AD2d 242 ), the instant appeal is academic. Concur — Milonas, J. P., Nardelli, Mazzarelli and Saxe, JJ.

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