FABEL v. FABEL


33 A.D.2d 922 (1970)

Elna Fabel, Respondent, v. Howard Fabel et al., Appellants

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

January 26, 1970


Order reversed, on the law and the facts, with $10 costs and disbursements, and motion granted.

Defendants' time to serve an answer is extended until 10 days after service upon their attorney of a copy of the order to be entered hereon, with notice of entry thereof, which answer shall name the defendants interposing such answer. The record clearly shows that defendants' default in pleading was not willful and that they assert facts as defenses which may entitle them...

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