WADSWORTH v. SWEET

515806.

106 A.D.3d 1433 (2013)

966 N.Y.S.2d 584

2013 NY Slip Op 3905

WILLIAM L. WADSWORTH, JR., Respondent, v. JAMES L. SWEET, Appellant.

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

Decided May 30, 2013.


Rose, J.

Plaintiff commenced this action in 2009 claiming that he had adversely possessed certain property titled to defendant, his neighbor. Supreme Court denied the parties' initial motions for summary judgment for procedural reasons, but did so without prejudice to renewal. Plaintiff resubmitted his motion and, having received no opposition from defendant, Supreme Court granted it. Defendant later unsuccessfully moved to vacate the default, prompting this appeal...

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