MINTZ, FRAADE & ZEIGER v. FALLON


151 A.D.2d 396 (1989)

Mintz, Fraade & Zeiger, P. C., Respondent, v. Elizabeth Fallon, Appellant

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

June 22, 1989


Contrary to the finding of the Supreme Court, an examination of the record herein indicates the possibility of a meritorious defense. However, regardless of the merits of defendant's defense of fraud and/or lack of consideration, it was premature for the Supreme Court to rule on this question, as well as to permit execution on the default judgment, prior to a determination of the jurisdictional issue and also whether defendant can demonstrate excusable neglect for failing...

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