ILLINOIS McGRAW ELEC. CO. v. JOHN W. WALTERS, INC.


31 Misc.2d 936 (1961)

Illinois McGraw Electric Company, Plaintiff, v. John W. Walters, Inc., Defendant.

Supreme Court, Special Term, Queens County.

October 30, 1961


Attorney(s) appearing for the Case

Uttal, Miller & Dubin (Joseph Miller of counsel), for plaintiff. Burke, Green & Groh (George J. Malinsky of counsel), for defendant.


JAMES J. CONROY, J.

This is a motion by the defendant to open its default on the call of the calendar on October 11, 1961, and to vacate the inquest taken herein on the ground that such default was inadvertent and excusable.

The plaintiff opposes this motion on the ground (1) that no affidavit of merits has been submitted by the defendant, (2) that no valid or legitimate reason has been set forth explaining

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