Curtis v. Town of Clinton

—In an action to recover property damages, the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Jiudice, J.), entered May 28, 1987, which denied their motion for leave to enter a default judgment and granted the defendant Town of Clinton’s cross motion to open its default in answering.

Ordered that the order is affirmed, with costs.

In support of its cross motion to vacate its default in answering, the defendant presented an affidavit from its newly elected Town Clerk who received the service of process. Due to her inexperience in such matters, she filed away the papers…