DOUGHERTY v. COUNTY OF NASSAU


167 A.D.2d 989 (1990)

Denis Dougherty, Appellant, v. County of Nassau et al., Respondents

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

November 16, 1990


Order unanimously reversed in the exercise of discretion with costs and default judgment granted.

Memorandum:

After defendants' failure to answer plaintiff's summons and complaint, plaintiff's counsel notified defendants' counsel of the default and gave him an opportunity to serve an answer. Defendants failed to respond and plaintiff's attorney then moved for a default. The court gave defendants a second opportunity to avoid the consequences of their default...

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