Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs.
The facts stated in the moving papers are insufficient to show that defendant's default was due to mistake, inadvertence, surprise or excusable neglect; nor is there any factual showing that defendant has a meritorious defense (cf. Heller v. Ward,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.