FRITZ v. FARBER


11 Misc.2d 485 (1958)

Andrew R. Fritz, Respondent, v. Jack Farber, Appellant.

Supreme Court, Appellate Term, Second Department.

April 1, 1958.


Attorney(s) appearing for the Case

Jack Farber, in person, and Louis Diamond for Jack Farber, appellant.

John S. Thorp, Jr., for respondent.

PETTE, HART and DI GIOVANNA, JJ., concur.


Per Curiam.

Since there was no satisfactory excuse for the default and no showing of a meritorious defense, the motion to open the default was properly denied. Irrespective of whether a default occurs before or after joinder of issue, the party seeking to be relieved therefrom must show not only that the default was the result of mistake, inadvertence, surprise or excusable neglect but also that he has a meritorious...

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