In the decision of October 6, 1955, in this case (286 App. Div. 1060) the court reversed an order of the Special Term which had denied application by the defendant's intestate, then the defendant, to open a default judgment. We granted the motion and vacated the judgment which had been entered against him. On reargument it is shown that the original defendant has died and his administratrix is now the defendant. His estate seems to be insolvent. The action is for goods sold...
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