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Selene Fin. LP v. Okojie

Defendant Cannot Cross-Move for Affirmative Relief Without Moving to Vacate Default

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Upon the following papers read upon plaintiff’s motion for an order of reference appointing a referee to compute, fixing and determining the default of the non-appearing/non-answering defendants and amending the caption and defendant’s cross-motion to dismiss and supporting papers:Plaintiff’s motion consisting of affirmations of counsel, affidavit of employee of plaintiff and attached exhibits, defendant’s cross-motion and opposition consisting of an affirmation of counsel and attached exhibitsPlaintiff’s opposition and reply consisting of affirmation of counsel and attached exhibits and defendant’s counsel’s affirmation in reply with attached exhibitsIt is,

*1  O RDERED that defendant’s Daniel Okojie’s cross motion is denied; and it is furtherORDERED that plaintiff Selene Financial LP’s motion to fix and determine the defaults of the non-appearing, non-answering defendants, for appointment of a referee pursuant to RPAPL§1321 and to amend the caption is granted; and it is furtherORDERED that plaintiff’s proposed order submitted with this motion, as modified by the court is signed contemporaneously herewith; and it is further

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