SIMMS v. WINDOW DOCTOR OF STATEN ISLAND, INC.


252 A.D.2d 520 (1998)

676 N.Y.S.2d 495

Stephen R. Simms, Respondent, v. Window Doctor of Staten Island, Inc., et al., Appellants, et al., Defendant

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

July 13, 1998


Ordered that the order is affirmed, with costs.

This appeal, originally heard in November 1994, was held in abeyance pending the determination of a petition in bankruptcy filed by the appellant Anthony Soraci. The parties failed to notify this Court that the bankruptcy proceeding was concluded.

The Supreme Court did not improvidently exercise its discretion in refusing to vacate the judgment entered against the appellants upon their default in answering the...

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