BARCLAY v. ETIM

15506N, 402340/10

129 A.D.3d 591 (2015)

10 N.Y.S.3d 440

2015 NY Slip Op 05411

H. PATRICK BARCLAY, Appellant, v. ODELL H. ETIM et al., Respondents.

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

Decided June 23, 2015.


Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered December 3, 2013, which denied plaintiff's motion to vacate the dismissal of the action for failure to appear at a scheduled conference, unanimously affirmed, without costs.

Supreme Court properly exercised its discretion in denying plaintiff's motion to vacate his default in this action alleging fraud and seeking to recover ownership of a parcel of real property. Plaintiff failed to submit with...

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