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BETTER v. TOWN OF SCHODACK

169 A.D.2d 965 (1991)

Thomas E. Better et al., Appellants, v. Town of Schodack, Respondent

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

January 24, 1991

Casey, J.

At issue on this appeal is whether Supreme Court abused its discretion when it denied plaintiffs' motion for a default judgment and granted defendant's motion to compel acceptance of a notice of appearance. Based upon the factors to be considered on a motion for relief pursuant to CPLR 3012 (d), we find no abuse of discretion (see, Shure v Village of Westhampton Beach, 121 A.D.2d 887; Continental...

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