In Re the Estate of Moak

Appeal from an order of the Surrogate’s Court of Albany County (Doyle, S.), entered February 15, 2013, which, upon remittal, among other things, denied certain respondents’ motion for a default judgment.

The underlying facts are set forth in detail in our prior decision in this matter (92 AD3d 1040 [2012], lv denied 19 NY3d 812 [2012]). To summarize, in 1994, respondent Woodfield Development Corporation, then owned in equal shares by respondent Ralph H. Drake and another, acquired certain real property in Saratoga County with the intention of subdividing the land and constructing residential…