Wadsworth v. Sweet
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Appeal from an order of the Supreme Court (Ferradino, J.), entered February 22, 2012 in Saratoga County, which denied defendant’s motion to vacate a default judgment entered against him.
Plaintiff commenced this action in 2009 claiming that he had adversely possessed certain property titled to defendant, his neighbor. Supreme Court denied the parties’ initial motions for summary judgment for procedural reasons, but did so without prejudice to renewal. Plaintiff resubmitted his motion and, having received no opposition from defendant, Supreme Court granted it. Defendant later unsuccessfully…
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