GOLD v. BRUL


28 Misc.2d 644 (1961)

Harry Gold et al., Plaintiffs, v. Herbert W. Vanden Brul et al., Defendants.

Supreme Court, Special Term, Monroe County.

March 10, 1961


Attorney(s) appearing for the Case

Herbert W. Vanden Brul, in person, for Herbert W. Vanden Brul and another, defendants. Chikovsky & Gastel (Samuel Chikovsky of counsel), for plaintiffs.


CLARENCE J. HENRY, J.

In order to invoke discretion to the end of reopening a default it must be shown that (1) the default was excusable, and (2) that a meritorious defense exists (Burckhalter v. Stasky, 276 App. Div. 979; Hutchinson v. Weston, 160 Misc. 890).

The question as to whether the default herein was excusable does not require determination for the reason that the proposed answer does not display a meritorious defense....

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