Ordered that the order is affirmed, with costs.
The Supreme Court did not improvidently exercise its discretion in denying the plaintiff leave to enter a default judgment. The defendant had vigorously defended a prior identical action, which the plaintiff believed had abated by the then-applicable provisions of CPLR 306-a. There is no evidence in the record that defense counsel was made aware of any abatement of the prior action or the commencement of this action...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
