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Town of Tully v. Golden

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 2004
12 A.D.3d 1153 (N.Y. App. Div. 2004)

Opinion

CA 03-00889.

November 19, 2004.

Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered March 19, 2003. The order denied defendant's motion to vacate a default judgment.

Before: Hurlbutt, J.P., Scudder, Kehoe, Gorski and Martoche, JJ.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Supreme Court properly denied defendant's motion to vacate a default judgment obtained by plaintiff. A party is not entitled to relief pursuant to CPLR 5015 (a) (3) where, as here, she offers nothing more than broad, unsubstantiated allegations of fraud on the part of the adverse party ( see Miller v. Lanzisera, 273 AD2d 866, 868, appeal dismissed 95 NY2d 887, rearg denied 96 NY2d 731).


Summaries of

Town of Tully v. Golden

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 2004
12 A.D.3d 1153 (N.Y. App. Div. 2004)
Case details for

Town of Tully v. Golden

Case Details

Full title:TOWN OF TULLY, Respondent, v. CYNTHIA A. GOLDEN, Appellant

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

Date published: Nov 19, 2004

Citations

12 A.D.3d 1153 (N.Y. App. Div. 2004)
784 N.Y.S.2d 411

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