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DU-ART FILM LABS., INC. v. WHARTON INT'L FILMS INC.

91 A.D.2d 572 (1982)

Du-Art Film Laboratories, Inc., Respondent, v. Wharton International Films Inc. et al., Appellants

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

December 21, 1982

On application to vacate a default, the defendant must show a reasonable excuse for the default and a meritorious defense. As to the latter, the record contains a sworn statement by the individual defendant with personal knowledge of the facts that the photographic material was faulty because black and white material was printed sepia, and color master material was printed with black frame lines across the material making it unusable...

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