SMITH v. HOFFMAN


8 A.D.2d 958 (1959)

Joseph J. Smith, Appellant, v. Arthur W. Hoffman, Defendant, and Martha P. Hoffman, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 14, 1959


Order entered February 26, 1958 affirmed, with $10 costs and disbursements.

In our opinion, appellant not only failed to make a satisfactory explanation for the 13-year delay in entering judgment upon default, and failed as well to resolve the issues of fact as to respondent's status and the nature of the payments concededly made, but likewise failed to establish in the absence of a default clause in the contract that respondent...

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