MAIRENA v. CHARLEMAGNE


102 A.D.2d 814 (1984)

Victor H. Mairena, Respondent, v. Eliza Charlemagne et al., Appellants, et al., Defendants

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

June 4, 1984


¶ Order reversed insofar as appealed from, on the law, without costs or disbursements, and the provision requiring appellants to post a bond in the sum of $25,000 as a condition for vacating their default is deleted.

¶ In this matter involving a suit for personal injuries arising out of an automobile accident, Special Term properly found that the appellants' failure to serve a timely answer was excusable, and that they had demonstrated a meritorious defense...

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