HOPPER v. AUGUST


20 A.D.2d 645 (1964)

Natalie Hopper et al., Appellants, v. Andrew August, Respondent

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

January 6, 1964


Order reversed, with $10 costs and disbursements; motion denied, and action remitted to the court below for inquest and for such other proceedings as may be proper.

The record discloses the persistent neglect of this action by the defendant, his insurers and his attorneys for more than a year from the date of service of the summons on March 26, 1962 to the date originally fixed for the taking of the inquest and the default judgment on May 16, 1963. Under such circumstances...

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