POLANS v. SWEDISH CROWN CASUAL FURNITURE CORP.


69 A.D.2d 833 (1979)

Harry Polans, Appellant, v. Swedish Crown Casual Furniture Corp. et al., Respondents, et al., Defendant

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

April 9, 1979


Order reversed insofar as appealed from, on the law, with $50 costs and disbursements, the said branch of the motion is denied and the default judgment in favor of the plaintiff is reinstated.

The respondents are not entitled to a vacatur of the judgment because they have failed to excuse their default. The application to vacate the default was brought some 28 months after entry of the default judgment and two years after the individual defendant, Paul Crowley, was...

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