WEISMAN v. KOPF


11 A.D.2d 1055 (1960)

Seymour Weisman et al., Appellants, v. Abraham Kopf, Respondent

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

October 17, 1960


Order affirmed, without costs.

The dismissal took place on October 2, 1958. Thereafter, in November, 1958, plaintiffs instituted a second action in which the complaint is identical with the complaint in this action. Eight months after the dismissal of this action, plaintiffs made the present motion to open their default. To open his default the moving party must submit an affidavit showing a sufficient excuse for his default and merit in his action. (Walsh v. Ben...

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