Washington v. Baruch

—Order and judgment (one paper), Supreme Court, New York County (Emily Jane Goodman, J.), entered May 8, 1995, which denied plaintiffs motions for a default judgment and summary judgment, and granted defendant’s motion to dismiss the complaint, unanimously affirmed, without costs.

The IAS Court properly denied plaintiffs motion for a default judgment on grounds that defendant had timely responded by making its motion to dismiss the complaint.

The court properly concluded that plaintiffs challenge to defendant’s 1985 determination, refusing to accept for transfer plaintiffs credits from an…