418 TRADING CORP. v. PELLICCIO


13 A.D.2d 804 (1961)

418 Trading Corp., Appellant, v. Beatrice M. Pelliccio et al., Respondents

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

May 15, 1961


Order reversed, without costs, and motion remitted to the Special Term for further proceedings consistent herewith.

The moving papers fail to state facts sufficient to show that the defendant's default was due to mistake, inadvertence, surprise or excusable neglect (Civ. Prac. Act, § 108; Eastern Dist. Realty Co. v. Kahane, 277 App. Div. 784; Heller v. Ward, 10 A.D.2d 633). In fact, as the Special Term stated...

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