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HAEGELAND v. MASSA

75 A.D.2d 864 (1980)

Sakaris Haegeland, Appellant, v. John J. Massa, Respondent

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

May 19, 1980

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

Special Term erred in allowing this defendant to reopen his default. The court properly found that plaintiff's delay in filing proof of service was a mere procedural irregularity to be corrected by an order nunc pro tunc (see Reporter Co. v Tomicki, 60 A.D.2d 947...

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