LA VIN v. LA VIN


279 A.D. 873 (1952)

Edwin R. La Vin, Appellant, v. Russell C. La Vin et al., Defendants, and Sanford Hotel Corp., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 18, 1952.


Order reversed on the law and the facts, with $10 costs and disbursements, and the motion denied, with $10 costs.

Since respondent's default was deliberate and intentional, and there was no adequate showing of a meritorious defense, it was an improvident exercise of discretion to grant the motion. (Colonial Fuel Corp. v. Kahn, 214 App. Div. 83; Booraem v. Gibbons, 263 App. Div. 665; Scordo v. Terrell, 275 App. Div. 940; Chaplin v. Selznick...

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