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KENNELLY v. CHARLESTON AUTO SALES, INC.

40 A.D.2d 679 (1972)

Kenneth Kennelly, Respondent, v. Charleston Auto Sales, Inc., et al., Appellants

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

October 2, 1972

Order reversed insofar as appealed from, on the law and in the exercise of discretion, with $10 costs and disbursements, with the result that the granting of defendants' motion is absolute.

Plaintiff failed to serve any affidavit in opposition to the motion explanatory of his default in serving his complaint and showing a meritorious cause of action. Moreover, he failed to make any motion to open his default in the service...

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