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ELLER v. ELLER

116 A.D.2d 617 (1986)

Robert Eller, Respondent, v. Hyala Eller, Appellant

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

January 21, 1986

Order dated May 23, 1984 affirmed.

Appeal from the order dated June 22, 1984 dismissed.

Plaintiff is awarded one bill of costs.

The decision of whether or not to vacate the default judgment was within the sound discretion of the trial court. We are not inclined to disturb it. Following a hearing, the trial court concluded that plaintiff had never acquired any knowledge of the pendency of counterclaims. Moreover...

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