DECAPUA v. MORRISSEY


60 A.D.2d 754 (1977)

Jeannine Decapua, an Infant by Her Parent and Natural Guardian, Hope Schlesing, et al., Appellants, v. John Morrissey, Respondent

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

December 9, 1977


Order unanimously reversed, with costs, and motion denied.

Memorandum:

In an action for personal injuries to the infant plaintiff, default judgment was entered in Supreme Court, Monroe County, in December, 1976 and set aside on motion of the defendant. We find that it was an improvident exercise of discretion to vacate the judgment, and we therefore reverse and reinstate the judgment entered December 27, 1976. The record is lacking facts which would establish...

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