KREBS v. RABORG


30 A.D.2d 520 (1968)

Rebecca Krebs, Also Known as Rebecca Dobbs, Appellant, v. Frederic B. Raborg et al., Respondents

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

May 21, 1968


Per Curiam.

Plaintiff appeals from two orders of Special Term. Defendants are husband and wife. The first order grants the husband's motion to vacate a judgment entered against him on default and gives him leave to answer. The second order denies plaintiff's motion for summary judgment against the wife. We believe both of these dispositions to be erroneous.

The motion to open the default is addressed to the discretion of the court. To succeed defendant...

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