New York v. Green
Citation: 35 ELR 20169
No. No. 04-4070-cv, (2d Cir., 08/18/2005)
The court held that a district court did not abuse its discretion in refusing to set aside a default judgment against a manufacturing company in a case concerning environmental cleanup and remediation at the company's manufacturing plant. Among other things, the default judgment ordered the company to provide the state of New York with access to the site, entered a $1,872,846.80 judgment against the company, and declared it liable for all future response costs incurred in remediating the site. Nearly a year after the default judgment was entered, the company filed a motion to set aside the default order. The district court applied a three-part test in assessing the motion to set aside the default judgment and found that the company's willfulness, its lack of a meritorious defense, and the resulting prejudice to the non-defaulting party all weighed against vacating the default judgment. The company appealed, but despite the company's claims to the contrary, the court's factual conclusions are amply supported by the record.