JOHN G. TRAUTWEIN FISH CO., INC. v. GERLAND


201 A.D.2d 862 (1994)

607 N.Y.S.2d 512

John G. Trautwein Fish Co., Inc., Appellant, v. Leonard Gerland, Doing Business as Captain Nemo's, Also Known as Captain Nemo's Westfalls Seafood, Also Known as Captain Nemo's Seafood & Steak, Respondent

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

February 4, 1994


Order unanimously reversed on the law with costs and motion denied.

Memorandum:

It was an abuse of discretion to grant defendant's request to vacate a default judgment in the absence of an acceptable excuse for defendant's default in answering and a showing of a meritorious defense (see, Dougherty v County of Nassau, 167 A.D.2d 989; General Elec. Tech. Servs. Co. v Perez, 156 A.D.2d...

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