Pine v. Town of Hoosick

Appeal from an order of the Supreme Court at Special Term, entered March 22, 1976 in Albany County. After defendants failed to answer the complaint in an action to recover damages for the allegedly unlawful taking of trees and shrubs, the plaintiffs entered a default judgment with the Clerk of Rensselaer County in the sum of $53,555 (CPLR 3215, subd [a]). The defendants moved to vacate the judgment and for leave to appear, answer and defend against the plenary action (CPLR 5015). Plaintiffs cross-moved for summary judgment. Special Term vacated the default judgment, permitted defendants to…