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CARTER v. INDICATOR DIGEST, INC.

49 A.D.2d 519 (1975)

Arthur L. Carter, Respondent, v. Indicator Digest, Inc., Appellant

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

July 1, 1975

The plaintiff had knowledge from prior negotiations that the defendant was represented by an attorney. It applied for a default judgment three days after the time to answer had expired. The defendant's attorney had inadvertently marked his calendar that the answer was due a week after its proper due date and had submitted the answer by his erroneous timetable. Such a default is unintentional and, there being no other circumstances...

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