MACHNICK BUILDERS, LTD. v. GRAND UNION CO.


52 A.D.2d 655 (1976)

Machnick Builders, Ltd., Appellant, v. Grand Union Company, Respondent

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

April 1, 1976


A default judgment was taken against defendant and notice of entry thereof served upon defendant's attorney on April 2, 1974. Thirteen months later defendant successfully obtained an order vacating the default judgment, Special Term having determined that the defendant had shown a reasonable excuse for said default and a meritorious defense. On this appeal, the plaintiff contends that Special Term does not have the power to vacate a default judgment where the motion to vacate...

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