COUNTY TRUST CO. v. FERNANDES


31 A.D.2d 744 (1969)

County Trust Company, Respondent, v. David B. Fernandes et al., Appellants

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

January 13, 1969


Order reversed insofar as appealed from and judgment reversed, on the law and the facts, with $10 costs and disbursements, and plaintiff's motion disposed of by directing that defendant David B. Fernandes shall appear for examination before trial at a time and place to be fixed in a written notice of not less than 10 days, to be given by plaintiff.

In our opinion, having been snowbound, without telephone service or the use of a car, is an adequate excuse for the default...

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