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PANTHER OIL & GREASE MFG. CO. v. CLIPPINGER

17 A.D.2d 756 (1962)

Panther Oil & Grease Manufacturing Company, Appellant, v. Allen Clippinger, Respondent

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

September 13, 1962

Order unanimously reversed, without costs of this appeal to either party, and motion denied, without costs.

Memorandum:

The defendant has failed to show that his default was the result of mistake, inadvertence, surprise, or excusable neglect. (Kurtz v. Wilder, 284 App. Div. 1051; General Aniline & Film Corp. v. Rembrandt Graphic Arts Co., 281 App. Div. 1028.) Further, the motion was not timely. (Civ. Prac. Act...

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