BOXER v. TOPALIAN


37 Misc.2d 454 (1962)

Sidney Boxer, Plaintiff, v. Leon Topalian et al., Defendants.

Civil Court of the City of New York, New York County.

November 6, 1962


Attorney(s) appearing for the Case

Sidney Boxer, plaintiff in person. Greenberg & Harris for defendants.


GUY GILBERT RIBAUDO, J.

Even though the courts are prone to allow the opening of default judgments, the statutes and the cases are equally clear that same should be denied upon the failure to show a meritorious defense and mistake, or excusable neglect, etc. (N. Y. City Civ. Ct. Act, § 101, subd. [b]; Civ. Prac. Act, § 108; Fitzgerald Mfg. Co. v. Alexander, 200 App. Div. 164; Titus v. Halsted, 209 App. Div. 66; Fritz v. Farber...

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