MURPHY v. HALL


24 A.D.2d 892 (1965)

Vernon Murphy, Appellant, v. Harry Hall, Respondent

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

November 22, 1965


Order reversed, without costs, and motion denied.

The moving papers establish that defendant deliberately permitted the default to be taken against him and sought to reopen the proceedings only when it appeared that plaintiff, in proceedings supplementary to judgment, might be able to compel a corporation to which defendant rendered services, without compensation, to make payments in satisfaction of the debt. Under the circumstances, the default was not excusable...

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