DAMIANO v. CORHAN


42 A.D.2d 699 (1973)

Helen Damiano et al., Respondents, v. James Corhan, Appellant

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

July 2, 1973


Order affirmed, without costs, with leave to defendant, if so advised, to move de novo to open his default on papers showing a connection between his claimed mental state and the default incurred.

The instant record on appeal does not support the claim that defendant, a septuagenarian, was of such impaired mentality that, when acting pro se, he did not understand the significance of the summons and complaint served upon him, and could not thereafter...

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