Davis v. County of Nassau

Appellate Division of the Supreme Court of New York

Davis v. County of Nassau

271 A.D.2d 568, 707 N.Y.S.2d 343, 2000 N.Y. App. Div. LEXIS 4308

Appellate Division of the Supreme Court of the State of New York·Decided April 17, 2000·Published

Opinion

—In an action, inter alia, to recover damages for conversion, the plaintiff appeals from an order of the Supreme Court, Nassau County (Winick, J.), dated April 26, 1999, which granted the defendants’ motion to vacate a judgment entered upon their default in answering.

[569]*569Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion when it granted the defendants’ motion (see, Morgese v Laro Maintenance Corp., 251 AD2d 307; Albano v Nus Holding Corp., 233 AD2d 280). Bracken, J. P., Joy, Thompson, Goldstein and Feuerstein, JJ., concur.

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—In an action, inter alia, to recover damages for conversion, the plaintiff appeals from an order of the Supreme Court, Nassau County (Winick, J.), dated April 26, 1999, which granted the defendants’ motion to vacate a judgment entered upon their default in answering.

[569]*569Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion when it granted the defendants’ motion (see, Morgese v Laro Maintenance Corp., 251 AD2d 307; Albano v Nus Holding Corp., 233 AD2d 280). Bracken, J. P., Joy, Thompson, Goldstein and Feuerstein, JJ., concur.

Davis v. County of Nassau, 271 A.D.2d 568, 707 N.Y.S.2d 343, 2000 N.Y. App. Div. LEXIS 4308 (N.Y. Ct. App. 2000).

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