Colgar Enterprises, Inc. v. Di Giaimo

In an action in ejectment to recover possession of certain real property and for damages, in which an order was made, on default, granting plaintiff’s motion for partial judgment, i.e., to award plaintiff title' and the right to possession of the property, and severing the action as to plaintiff’s claim for damages and defendant’s counterclaim for ¡damages, and upon which order a judgment was entered, defendant appeals from an order of the Supreme Court, Putnam County, dated September 6, 1972, which denied two motions by him, namely, (1) to open his default on plaintiff’s said motion, to…