DONATONE v. HENNINGS


21 Misc.2d 283 (1959)

Cosmo J. Donatone, Respondent, v. Harold Hennings, Appellant.

Supreme Court, Appellate Term, First Department.

November 12, 1959.


Attorney(s) appearing for the Case

John J. Kennelly and J. Rhodes O'Reilly for appellant.

Grossman & Grossman (Louis Grossman and Herman Cahn of counsel), for respondent.

Concur — HOFSTADTER, J. P., AURELIO and TILZER, JJ.


Per Curiam.

The answer was timely served and filed. The subsequent alleged default, inquest and judgment taken by plaintiff were improper. Defendant's moving papers presented an adequate and meritorious defense to the cause of action stated by plaintiff.

The order should be reversed, with $10 costs to defendant, and motion granted, judgment vacated and case restored to General Calendar.

Order...

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