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VOGEL v. ASGROW MANDEVILLE CO., INC.

55 N.Y.2d 675 (1981)

Michael E. Vogel, Respondent, v. Asgrow Mandeville Company, Inc., Appellant.

Court of Appeals of the State of New York.

Decided November 23, 1981.

Attorney(s) appearing for the Case

Dennis A. First for appellant.

James J. Grifferty for respondent.

Concur: Chief Judge COOKE and Judges JASEN, JONES and WACHTLER. Judge MEYER dissents and votes to reverse in an opinion in which Judges GABRIELLI and FUCHSBERG concur.

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (74 A.D.2d 940), and question certified answered in the negative. It is noted that we are not here concerned with possible differences between CPLR 317 and 5015, the moving papers on this motion being insufficient to establish a meritorious defense.

MEYER, J. (dissenting).

I vote to reverse. Plaintiff's attorney's...

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