BRIDGER v. DONALDSON


34 A.D.2d 628 (1970)

Isabella Bridger, Individually, and as Administratrix of The Estate of James E. Bridger, Deceased, Plaintiff, v. John H. Donaldson, Respondent, and Whippet Motor Lines Corp., Appellant, et al., Defendants

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

April 14, 1970


Order entered November 17, 1969, granting motion to vacate default and to serve an answer to complaint and cross complaint, unanimously modified on the law, the facts, and in the exercise of discretion, without costs or disbursements, so as to deny motion to open default in answering cross complaint. That portion of the appeal from the other provisions of the order opening defendant Donaldson's default in answering the complaint is dismissed, without costs and without disbursements...

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