Town of Greenburgh v. Schroer

Appellate Division of the Supreme Court of New York

Town of Greenburgh v. Schroer

55 A.D.2d 602, 389 N.Y.S.2d 384, 1976 N.Y. App. Div. LEXIS 15310

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 6, 1976

StatusPublished

Cited by8 cases

This text of 55 A.D.2d 602 (Town of Greenburgh v. Schroer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Town of Greenburgh v. Schroer, 55 A.D.2d 602, 389 N.Y.S.2d 384, 1976 N.Y. App. Div. LEXIS 15310 (N.Y. Ct. App. 1976).

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Opinion

In a condemnation proceeding, the Town of Greenburgh appeals from an order of the Supreme Court, Westchester County, dated May 28, 1976, which (1) set aside a prior order of the same court, dated June 6, 1975, which confirmed a report of the Commissioners of Appraisal, and (2) directed the said commissioners to reconvene. Order affirmed, with $50 costs and disbursements. A court has inherent power, not limited by statute, to relieve a party from a judgment or order entered on default and, in its exercise of said power, a court may open its own judgments or orders for sufficient reason and in the furtherance of justice (Michaud v Loblaws, Inc., 36 AD2d 1013; Ladd v Stevenson, 112 NY 325; 5 Weinstein-Korn-Miller, NY Civ Prac, par 5015.12). On the record on this appeal, the vacatur of the order confirming the award was a proper exercise of discretion. Hopkins, Acting P. J., Cohalan, Shapiro and Suozzi, JJ., concur.

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In a condemnation proceeding, the Town of Greenburgh appeals from an order of the Supreme Court, Westchester County, dated May 28, 1976, which (1) set aside a prior order of the same court, dated June 6, 1975, which confirmed a report of the Commissioners of Appraisal, and (2) directed the said commissioners to reconvene. Order affirmed, with $50 costs and disbursements. A court has inherent power, not limited by statute, to relieve a party from a judgment or order entered on default and, in its exercise of said power, a court may open its own judgments or orders for sufficient reason and in the furtherance of justice (Michaud v Loblaws, Inc., 36 AD2d 1013; Ladd v Stevenson, 112 NY 325; 5 Weinstein-Korn-Miller, NY Civ Prac, par 5015.12). On the record on this appeal, the vacatur of the order confirming the award was a proper exercise of discretion. Hopkins, Acting P. J., Cohalan, Shapiro and Suozzi, JJ., concur.

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Bluebook (online)

55 A.D.2d 602, 389 N.Y.S.2d 384, 1976 N.Y. App. Div. LEXIS 15310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-greenburgh-v-schroer-nyappdiv-1976.

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