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GREER v. McCULLOUGH

36 A.D.2d 954 (1971)

Mary Greer et al., Appellants, v. J. W. McCullough, Respondent

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

May 10, 1971

Order affirmed, without costs.

It was discretionary with Special Term whether defendant's attorney's default on June 9, 1970 in appearing at the inquest for the assessment of damages which had been ordered by Mr. Justice CASTALDI on May 25, 1970 was excusable and whether the default judgment entered after the inquest should have been vacated. In our opinion this discretion was not improvidently exercised by Special Term...

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