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MONTMARTE, INC. v. ARMY

20 A.D.2d 536 (1963)

Montmarte, Inc., et al., Respondents, v. Salvation Army, Defendant, and Lucullo, Inc., et al., Appellants

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

December 17, 1963

The appeal from the judgment is dismissed since there can be no appeal from a default judgment (CPLR 5511; Jones v. Jones, 10 A.D.2d 573).

Even were we to assume the existence of an excusable default, the default would not be opened unless defendants disclosed a meritorious defense to the action (Benadon v. Antonio, 10 A.D.2d 40, 42). Defendants...

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