EXACT TOOL & DIE CORP. v. BITTLINGMAIER


70 A.D.2d 1055 (1979)

Exact Tool and Die Corporation, Respondent, v. Herman Bittlingmaier, Appellant

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

June 1, 1979


Order unanimously reversed, without costs, and motion denied.

Memorandum:

It was an improvident exercise of Special Term's discretion to grant plaintiff a default against defendant where defendant's attorney had effected service of defendant's answer two days late and appeared before Special Term on defendant's behalf in opposition to the motion for a default. The complaint was served on January 16, 1978, service...

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