SORGIE v. DALTON


90 A.D.2d 790 (1982)

Vincent J. Sorgie, Appellant, v. Donald Dalton et al., Respondents

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

November 8, 1982


Order reversed insofar as appealed from, on the law, with $50 costs and disbursements, and motion denied.

Under the particular facts of this case, it was an improvident exercise of discretion for Special Term to vacate defendants' default in failing to appear and to grant their motion to set aside the inquest taken against them. Defendants, who were served by affixing a copy of the summons with notice to the door of their home and mailing (CPLR 308, subd 4), have...

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