LAPPIN v. SUSSMAN


3 Misc.2d 745 (1956)

James Lappin et al., Doing Business as Gem Piping Co., Plaintiffs, v. Rubin R. Sussman, Defendant.

County Court, Westchester County.

September 25, 1956.


Attorney(s) appearing for the Case

Berman & Lachover for defendant.

Hyman Hecker for plaintiffs.


HAROLD T. GARRITY, J.

Defendant moves to vacate default judgment. Accepting the explanation of defendant's counsel, it would appear that defendant was one day late in attempting to serve his answer. The correspondence between counsel seems to support that conclusion. Whether or not plaintiffs' attorney firstly agreed and then reneged on granting an extension of one day is of little moment. The court has before it some 24 pages of affidavits, pleadings...

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