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CONS. CARRIERS CORP. v. FIELDING

18 Misc.2d 421 (1959)

Consolidated Carriers Corp., Appellant, v. Bert Fielding, Respondent, et al., Defendant.

Supreme Court, Appellate Term, First Department.

May 21, 1959.

Attorney(s) appearing for the Case

Samuel Schaeffer for appellant.

No appearance for respondent.

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

Per Curiam.

Defendant has not satisfactorily shown that he has a meritorious defense to the action. Moreover, the default appears to be a willful one, coupled with a lack of due diligence in moving, upon good cause shown, to open the default and to vacate the judgment.

Accordingly, order appealed from should be reversed, with $10 costs, and the motion to vacate and set aside the judgment entered herein denied...

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