F & C GEN. CONTRACTORS CORP. v. ATL. MUT. MORTGAGE CORP.


202 A.D.2d 629 (1994)

612 N.Y.S.2d 871

F & C General Contractors Corp., Appellant, v. Atlantic Mutual Mortgage Corporation, Defendant, and Shirley Horsford, Respondent

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

March 28, 1994


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff's contention, we find that, under the facts of this case, the Supreme Court did not improvidently exercise its discretionary power in vacating the default judgment entered against the respondent. "It is well established that, independent of statutory provisions, the court rendering a judgment, in its inherent power and control over its own proceedings, may vacate that...

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