Roach v. County of Albany

Appeal from an order of the Supreme Court at Special Term, entered December 28, 1967, which denied defendant’s motion to vacate a default judgment. Plaintiff commenced this action pursuant to article 15 of the Real Property Actions and Proceedings Law to set aside the judgment in an in rem proceeding. The history of the action is somewhat involved, but for the purposes of this appeal we may start with defendant’s motion to dismiss plaintiff’s second amended complaint for failure to state a cause of action (CPLR 3211, subd. [a], par. 7). That motion was denied, the court at Special Term…