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AQUASCIENCES INT'L, INC. v. LEVY

189 A.D.2d 688 (1993)

Aquasciences International, Inc., et al., Plaintiffs, and Stanley Magidson, Appellant, v. Leon Levy, Respondent Leon Levy, Respondent, v. Aquasciences International, Inc., et al., Defendants, and Stanley Magidson, Appellant Joel Levy, Respondent, v. Aquasciences International, Inc., et al., Defendants, and Stanley Magidson, Appellant

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

January 19, 1993

The IAS Court did not abuse its discretion in determining that a meritorious defense was not shown (see, National Learning Corp. v Duramatic Press, 63 A.D.2d 695), or in determining that the affidavit of merit was insufficient (see, Mufalli v Ford Motor Co., 105 A.D.2d 642, 643). Here, the only averment of merit was a conclusory denial of the allegations, which is insufficient...

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