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OBERLEIN v. CITY OF NEW YORK

51 A.D.2d 805 (1976)

Katherine G. Oberlein, Appellant, v. City of New York, Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 23, 1976

Order affirmed, with $50 costs and disbursements.

The time within which the city may serve its answer is extended until 20 days after entry of the order to be made hereon. Special Term is vested with broad discretionary power in the opening of a default judgment. Its discretion will be upheld on appeal in the absence of gross abuse (see 9 Carmody-Wait 2d, NY Prac., § 63:186). The record before us does not warrant a...

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