Long Island Savings Bank v. Savage

Order, Supreme Court, New York County (Seymour Schwartz, J.), entered September 18, 1984, which granted the motion of defendant Alice Savage to dismiss the complaint as against her; which severed and dismissed the counterclaims and cross claims of defendants Robinson and Farrar insofar as they relate to Alice Savage; and, which denied plaintiff’s motion for a default judgment and for a finding of contempt, affirmed, without costs.

We affirm this order recognizing, as the dissent points out, that we are invoking a highly technical requirement of the law. However, the statute involved, EPTL…