JOHNSTON v. DE CRISTOFARO


66 A.D.2d 814 (1978)

Anne S. Johnston, Doing Business as Meadow Real Estate, Appellant, v. Joseph De Cristofaro et al., Respondents

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

December 18, 1978


Order reversed, on the law, with $50 costs and disbursements, motion denied and judgment reinstated.

In our opinion, Special Term improvidently exercised its discretion in granting defendants' motion to vacate the default judgment. We find that defendants have not satisfied any of the five prerequisites mandated by CPLR 5015 for vacating a default judgment. Furthermore, the purported affidavit of merits is patently insufficient. The record is conducive to no conclusion...

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