Opinion
November 14, 1951.
Appeal from Supreme Court, Otsego County.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
Plaintiff entered a default judgment against defendant on January 15, 1951, in an action on a note. Defendant promptly moved to open his default and sought to interpose an answer, alleging accord and satisfaction and other affirmative defenses. Defendant's moving papers assert negotiations between the parties after the summons and complaint were served, and assurances by the plaintiff that judgment would not be entered. Such a motion is addressed to the sound discretion of the court at Special Term. Upon the record before us we do not consider that such discretion was abused. Order unanimously affirmed, with $10 costs.