LANDSMAN v. PENDER


33 A.D.2d 515 (1969)

Murray Landsman, Appellant, v. Phyllis M. Pender, Respondent

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

September 25, 1969


Order, entered on January 27, 1969, vacating the default judgment entered herein, unanimously modified, on the law, the facts and in the exercise of discretion, so as to increase the costs awarded to the plaintiff by Special Term to $250 and otherwise affirmed, without costs or disbursements.

While Special Term correctly observed that defendant should not be deprived of her day in court, the neglect of her insurance carrier cannot...

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