SPANO v. NAT'L BISCUIT CO.


38 A.D.2d 570 (1971)

Florence Spano, Plaintiff, v. National Biscuit Company et al., Defendants and Third-Party Plaintiffs-Appellants. John Spano, Third-Party Defendant-Respondent

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

December 6, 1971


Order reversed, with $10 costs and disbursements, and renewed motion denied.

Under the circumstances herein, where the third-party defendant defaulted not once but twice and failed to show either a sufficient excuse for the default or an adequate affidavit of merit, we find it was an abuse of discretion for the Trial Term to vacate...

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