Legal Opinion
Better v. Town of Schodack
Appellate Division of the Supreme Court of the State of New York
Decided January 24, 1991PublishedCited by 9 opinions
1Opinion of the CourtCasey, J.
Appeal from an order of the Supreme Court (Travers, J.), entered October 6, 1989 in Rensselaer County, which, inter alia, denied plaintiffs’ motion for a default judgment.
At issue on this appeal is whether Supreme Court abused its discretion when it denied plaintiffs’ motion for a default judgment and granted defendant’s motion to compel acceptance of a notice of appearance. Based upon the factors to be considered on a motion for relief pursuant to CPLR 3012 (d), we find no abuse of discretion (see, Shure v Village of Westhampton Beach, 121 AD2d 887; Continental Cas. Co. v Cozzalino Constr.…
2Cases cited2 opinions
- Shure v. Village of Westhampton Beach, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Continental Casualty Co. v. Cozzolino Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1986
3Cited by9 opinions
- Juseinoski v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2005
- Bardi v. Warren County Sheriff's DepartmentAppellate Division of the Supreme Court of the State of New York · 1993
- Busa v. BusaAppellate Division of the Supreme Court of the State of New York · 1994
- Aabel v. Town of PoughkeepsieAppellate Division of the Supreme Court of the State of New York · 2003
- Cleary v. East Syracuse-Minoa Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1998
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