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ABARCA v. CHARGE ACCOUNT CREDIT CORP.

49 A.D.2d 722 (1975)

George A. Abarca, Respondent, v. Charge Account Credit Corp. et al., Appellants, et al., Defendants

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

September 25, 1975

Respondent shall recover of appellants $40 costs and disbursements of this appeal. Appellants failed to explain away their wilful default or to demonstrate the existence of a meritorious defense. Their reliance on CPLR 321 (subd [c]) is misplaced, as they were represented by other counsel ever since the death of their original attorney in February...

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