MERCHS. MUT. INS. CO. v. MAGEE


29 A.D.2d 841 (1968)

Merchants Mutual Insurance Company, Respondent, v. Edward G. Magee, Appellant, et al., Defendants

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

February 22, 1968


Order unanimously modified, without costs, to the extent of remanding the case to Erie Special Term for assessment of damages upon notice to defendant.

Memorandum:

Special Term correctly decided that appellant failed to excuse his default and also failed to show facts which would constitute a meritorious defense. In view of defendant's claim that plaintiff's complaint did not state a claim for a sum certain or which by computation could be made certain because...

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