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WORRELL v. 845 EAST 136TH ST., INC.

129 A.D.2d 528 (1987)

Allen Worrell, Respondent, v. 845 East 136th Street, Inc., Appellant

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

April 28, 1987

Although the motion court was in error in its conclusion that defendant had failed to set forth a meritorious defense, we nonetheless affirm the denial of defendant's motion to vacate its default since, on the issue never reached — reasonable excuse — defendant's proof was fatally inadequate. Only the attorney, lacking knowledge of the facts, denies receipt of the summons and lack of knowledge of the lawsuit until...

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