PADILLA v. DaSILVA


166 A.D.2d 211 (1990)

Wilfredo Padilla, Respondent, v. Jack DaSilva et al., Appellants

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

October 9, 1990


Notwithstanding the short delay occasioned by the default, defendants' repeated failure to appear for trial of this matter and counsel's repeated evasions, in an effort to demonstrate a legally excusable default, demonstrate that the court did not abuse its discretion in denying the motion to vacate the default. (Raphael v Cohen, 62 N.Y.2d 700, 701.) Counsel's affirmation contained numerous claims, either completely belied by the...

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