Defendants' nonreceipt of plaintiff's complaint constitutes a reasonable excuse for their failure to answer, and we find that they also have a meritorious defense. Plaintiff's application for an order directing defendants to furnish a note for the balance was properly denied, since no such relief had been requested in either of plaintiff's pleadings, and plaintiff's fraud claim, raised for the first time in its motion...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
