GANNON v. JOHNSON SCALE CO.


189 A.D.2d 1052 (1993)

Christopher G. Gannon, Respondent, v. Johnson Scale Company, Appellant

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

January 28, 1993


Mikoll, J.

We agree with plaintiff's argument that Supreme Court did not abuse its discretion in denying defendant's CPLR 5015 motion to vacate and/or resettle the judgment entered after defendant's default in appearing for trial and an inquest as to damages. Defendant has failed to demonstrate that it had a reasonable excuse for its default. Supreme Court properly found defendant's excuse, that local counsel it retained failed to appear at the trial...

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