AYRES MEMORIAL ANIMAL SHELTER, INC. v. MONTGOMERY COUNTY SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS


17 A.D.3d 904 (2005)

793 N.Y.S.2d 608

AYRES MEMORIAL ANIMAL SHELTER, INC., Appellant, v. MONTGOMERY COUNTY SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, Respondent.

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

April 21, 2005.


Mercure, J.P.

Upon defendant's failure to timely answer the complaint, plaintiff applied pursuant to CPLR 3215 (a) to the County Clerk for a default judgment in the amount of $78,759.66, which was entered by the County Clerk. Less than one month later, defendant moved by order to show cause for an order permitting defendant to, among other things, open the default judgment and serve an answer to the complaint. Supreme Court granted all of the relief sought by defendant...

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