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ALTERNATIVE AUTO., INC. v. MOWBRAY

101 A.D.2d 715 (1984)

Alternative Automotive, Inc., Respondent, v. James J. Mowbray, Appellant

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

April 12, 1984

Order unanimously reversed, on the law and facts, without costs, and motion granted.

Memorandum:

Defendant's motion to vacate a default judgment was denied by Special Term on constraint of Barasch v Micucci (49 N.Y.2d 594) and Eaton v Equitable Life Assur. Soc. (56 N.Y.2d 900). A subsequent statutory amendment restored discretion to excuse default based on law office failure...

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