FIONA, INC. v. CONKLIN


108 A.D.2d 839 (1985)

Fiona, Inc., Respondent, v. Anna Conklin et al., Appellants, et al., Defendants

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

February 19, 1985


Order reversed, on the law and as a matter of discretion, with costs, motion for renewal granted and, upon renewal, appellants' default is vacated and their answer is deemed served.

We conclude that it was an improvident exercise of discretion for Special Term to have denied appellants' application to vacate their default in serving their answer to the complaint on the ground that it was not accompanied by a sufficient affidavit...

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