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PINE v. TOWN OF HOOSICK

56 A.D.2d 692 (1977)

Chester W. Pine et al., Respondents, v. Town of Hoosick et al., Appellants

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

February 17, 1977

After defendants failed to answer the complaint in an action to recover damages for the allegedly unlawful taking of trees and shrubs, the plaintiffs entered a default judgment with the Clerk of Rensselaer County in the sum of $53,555 (CPLR 3215, subd [a]). The defendants moved to vacate the judgment and for leave to appear, answer and defend against the plenary action (CPLR 5015). Plaintiffs cross-moved for summary judgment. Special Term vacated the default judgment, permitted...

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