AERIAL TOPOGRAPHIC MAP & ABSTRACT CO., INC. v. McMAHAN & CLARK, INC.


57 A.D.2d 692 (1977)

Aerial Topographic Map and Abstract Co., Inc., Appellant, v. McMahan & Clark, Inc., Respondent

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

April 28, 1977


The record in this case clearly establishes a valid excuse for the default and the absence of willfulness on the part of the defendant. The existence of a meritorious defense was also adequately demonstrated. Accordingly, the court correctly granted the relief requested in the proper exercise of its discretion (Jolicoeur v Clinton Co-op. Ins. Co. of Wadhams, 50 A.D.2d 621; General Elec. Credit Corp. v Salamone,

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