PHILIP CAREY MFG. CO. v. PARTITION MFG. & INSTALLATION CORP.


281 A.D. 1047 (1953)

Philip Carey Manufacturing Co., Appellant, v. Partition Manufacturing & Installation Corporation et al., Respondents, et al., Defendants

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

May 25, 1953.


In a judgment creditor's action, order granting motion to open default in answering and vacating the judgment entered thereon and granting leave to answer reversed, with $10 costs and disbursements, and motion denied, with $10 costs, without prejudice to a new application for the same relief on papers showing an excuse for the default in answering and a meritorious defense. While sufficient excuse was disclosed for failure to appear on the motion for judgment, the affidavit...

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