SPELLS v. DAVIS


33 A.D.2d 567 (1969)

Nathan L. Spells, Respondent, v. Carl B. Davis et al., Appellants

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

October 15, 1969


Order reversed, on the law and the facts, with $10 costs and disbursements, and motion granted; judgment vacated; and defendants granted leave to serve their answer to the complaint within 20 days of the entry of the order hereon.

In our opinion the record demonstrates that the default of defendants was not willful and that there is merit to...

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