BECKER WRECKING & SALVAGE CORP. v. PINEBROOK CONSTR. CORP.


22 A.D.2d 976 (1964)

Becker Wrecking and Salvage Corp., Appellant, v. Pinebrook Construction Corp., Respondent

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

December 17, 1964


Per Curiam.

The moving affidavit was completely inadequate to sustain the order opening defendant's default in serving notice of appearance in the action. The affidavit was that of the attorney, without assignment of any reason for defendant's failure to make it and with no claim of any knowledge on the attorney's part. The purported affidavit of merits was ineffective for the same reason and, in any event, was legally insufficient, being a mere conclusory...

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