DE CAPUA v. MORRISSEY


67 A.D.2d 832 (1979)

Jeannine De Capua, an Infant, by Her Parent and Natural Guardian, Hope Schlesing, et al., Respondents, v. John Morrissey, Appellant

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

January 25, 1979


Order unanimously reversed, without costs, and motion granted for the reasons and upon the conditions set forth in the following memorandum: Defendant appeals from an order denying his motion to vacate a default judgment taken against him in an action arising out of an accident which occurred at defendant's residence resulting in injuries to the infant plaintiff. On a prior appeal in this action we reversed an earlier order of Supreme Court, Monroe County, vacating a default...

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