Carlton v. Vorosmarty

Appeals (1) from an order of the Supreme Court (Dier, J.), entered August 23, 1989 in Warren County, which denied defendant’s motion to open a default judgment entered against her, and (2) from an order of said court, entered October 3, 1989 in Warren County, which denied defendant’s motion to declare the default judgment null and void.

Plaintiffs commenced this action seeking to recover damages allegedly sustained by plaintiff Clarence Carlton, IV when he fell on the steps of his apartment building, which is owned by defendant. Following joinder of issue, defendant’s attorney had a stroke on…