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SMALLRIDGE v. MACALASTER BICKNELL CO. OF NEW YORK, INC.

134 A.D.2d 880 (1987)

Dorothy B. Smallridge, Appellant-Respondent, v. Macalaster Bicknell Company of New York, Inc., Defendant, and Eugene J. Fisch, Respondent-Appellant

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

November 10, 1987

Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: It was error for the court to vacate the judgment entered against defendant Fisch on grounds of excusable default (CPLR 5015 [a] [1]). The only excuse offered for defendant's failure to answer was that defendant was suffering from "confusion" and "great personal stress and financial difficulties." Defendant...

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