SUN OIL CO. v. SALLIS


14 A.D.2d 833 (1961)

Sun Oil Company, Respondent, v. Charles R. Sallis et al., Appellants

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

October 26, 1961


Order unanimously reversed, with $25 costs and disbursements and motion granted, with $10 costs, upon the conditions stated in the memorandum.

Memorandum:

In our opinion, defendants' motion papers show that their default was excusable and that they may have a meritorious defense to the action. Under the circumstances denial of defendants' motion to open their default was an improvident exercise of discretion, and the motion should be granted upon condition...

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