MacMarty, Inc. v. Scheller

In this action to recover unpaid rent, the defendants appeal from a judgment of the Supreme Court, Westchester County (Donovan, J.), entered April 24, 1991, which, upon an order granting a contested motion to enter a default judgment for failing to answer pursuant to CPLR 3215, and after an inquest, is in favor of the plaintiff and against them in the sum of $83,217.17.

Ordered that the judgment is affirmed, with costs.

The decision as to the setting aside of a default in answering is generally left to the sound discretion of the Supreme Court, the exercise of which will generally not be…