GIAMMATTEO v. ORTGIES


25 A.D.2d 702 (1966)

Peter A. Giammatteo, Respondent, v. John F. Ortgies, Appellant

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

March 28, 1966


MEMORANDUM BY THE COURT.

In an automobile negligence action to recover for personal injuries and property damage defendant appeals from that part of an order of the Supreme Court at Special Term which set aside its prior order entered upon plaintiff's default in appearing. Appellant's contentions with respect to the insufficiency of plaintiff's moving papers are correct and must be sustained. Order reversed, on the law and the facts, and in the exercise of discretion...

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