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GABRIEL v. TOWN OF CARMEL

48 A.D.2d 683 (1975)

Charles M. Gabriel et al., Respondents, v. Town of Carmel, Appellant, et al., Defendant

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

May 19, 1975

Order reversed, without costs, and motion granted.

Although the affidavit of merits could have particularized the facts under which it is claimed that there is no liability, the Town of Carmel shows a meritorious defense to the action under the present status of the law (see Beck v City of New York, 23 Misc.2d 1036, affd 16 A.D.2d 809). Plaintiffs concede that an excusable default...

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