LATHAM SPARROWBUSH ASSOCS. v. COHOES INDUS. TERMINAL, INC.


114 A.D.2d 584 (1985)

Latham Sparrowbush Associates, Respondent, v. Cohoes Industrial Terminal, Inc., Appellant

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

October 10, 1985


Casey, J.

By service of the summons and complaint on the Secretary of State on February 13, 1985, plaintiff commenced this action against defendant seeking specific performance of a provision in a lease which granted plaintiff, as lessor, the right to terminate the lease upon certain conditions. Defendant failed to answer and, by order entered April 19, 1985, plaintiff's motion for default judgment was granted. Defendant moved to open the default, alleging...

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