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BENEFICIAL FIN. CO. OF NEW YORK, INC. v. KRAMER

48 A.D.2d 822 (1975)

Beneficial Finance Company of New York, Inc., Respondent, v. Henry Kramer et al., Appellants

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

June 2, 1975

Order reversed, with $20 costs and disbursements, and motion granted.

A motion to vacate a default judgment is addressed to the discretion of the court. To succeed, the movant must first establish that the entry of judgment or of an order establishing the default occurred as the result of an excusable default (CPLR 5015, subd [a], par 1; Krebs v Raborg, 30 A.D.2d 520). In the case at bar, defendants failed to appear at the...

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