COULTER v. TOWN OF HIGHLANDS


26 A.D.3d 456 (2006)

809 N.Y.S.2d 466

THOMAS COULTER et al., Respondents, v. TOWN OF HIGHLANDS, Appellant.

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

February 28, 2006.


Ordered that the order is affirmed, with costs.

The defendant moved to vacate a default judgment entered against it after it failed to answer or appear. "The decision as to the setting aside of a default in answering is generally left to the sound discretion of the Supreme Court, the exercise of which will generally not be disturbed if there is support in the record therefor" (MacMarty, Inc. v. Scheller, 201 A.D.2d 706, 707...

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