ALTMAN v. STICHMAN


31 A.D.2d 741 (1969)

David Altman, Respondent, v. Herman Stichman, as Trustee of Hudson & Manhattan Railroad Co., Appellant

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

January 28, 1969


Order, entered July 11, 1968, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $30 costs and disbursements to appellant, and plaintiff's motion to open his default and restore the action to the calendar is denied, with costs.

Plaintiff has failed to show either an acceptable excuse for his default or a meritorious cause of action to justify the vacatur of the dismissal of his complaint. This personal injury action was dismissed...

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