Northside Partnership v. Vinci

Appeal from an order of the Supreme Court (Keegan, J.), entered June 12, 1995 in Albany County, which denied defendants’ motion to vacate a prior order and judgment.

In this action to recover one half of the cost of constructing a road, an obligation plaintiffs maintain defendants assumed pursuant to an option contract they entered into in 1986 (see, Vinciguerra v Northside Partnership, 188 AD2d 861), plaintiffs moved for summary judgment. The motion papers were served on defendants’ counsel during a court conference on January 25, 1995, and the court allowed defendants until March 1, 1995 to…