GRIFFIN BROS., INC. v. YATTO


68 A.D.2d 1009 (1979)

Griffin Brothers, Inc., Respondent, v. Charles Yatto et al., Appellants

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

March 29, 1979


In their motion to open the default judgment, defendants asserted that they thought their former attorney had filed an answer, when in fact he had not, and that they did not know why he had failed to do so. This court has held that the mere assertion of "law office failure" standing alone generally is not sufficient to set aside a default judgment (.e.g, Reed v Cone, 61 A.D.2d 877; Keith v New York State Teachers' Retirement System...

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