MARSHALL v. MARSHALL


65 A.D.2d 551 (1978)

Karen Marshall, Respondent, v. Gordon Marshall, Appellant

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

October 2, 1978


Order reversed, without costs or disbursements, and motion granted, on condition that defendant pay $350 to the plaintiff within 20 days after entry of the order to be made hereon; in the event such condition is not complied with, then order affirmed, without costs or disbursements. In our opinion, the denial of the motion to vacate defendant's default constituted an improvident exercise of discretion.

The record establishes that the failure of defendant's attorney...

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