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Sontag v. Foley

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 31, 1992
179 A.D.2d 1020 (N.Y. App. Div. 1992)

Opinion

January 31, 1992

Appeal from the Supreme Court, Erie County, Sedita, J.

Present — Denman, P.J., Callahan, Boomer, Lawton and Davis, JJ.


Order unanimously affirmed without costs. Memorandum: Inasmuch as defendants failed to appeal from Supreme Court's order settling the record on appeal, we decline to consider the propriety of that order. While it was inappropriate for the court to rely on oral representations made by plaintiff's counsel in opposition to defendant's CPLR 3216 motion (see, Wing v Chammas, 78 A.D.2d 887, 888), on the present record, we conclude that the court did not abuse its discretion in refusing to grant defendants' motion unconditionally.


Summaries of

Sontag v. Foley

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 31, 1992
179 A.D.2d 1020 (N.Y. App. Div. 1992)
Case details for

Sontag v. Foley

Case Details

Full title:HENRY J. SONTAG, Respondent, v. DONALD R. FOLEY, JR., et al., Appellants

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jan 31, 1992

Citations

179 A.D.2d 1020 (N.Y. App. Div. 1992)
579 N.Y.S.2d 279