CURRAN v. VAN EPPS


203 A.D.2d 895 (1994)

611 N.Y.S.2d 381

John W. Curran, Respondent, v. Mark Van Epps, Appellant

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

April 15, 1994


Order unanimously reversed on the law without costs, motion granted and default judgment vacated.

Memorandum:

Supreme Court improvidently exercised its discretion in denying the motion of defendant Mark Van Epps to vacate the default judgment entered against him. Van Epps argued that he did not serve an answer to the complaint because he relied upon an agreement or understanding between his attorney and plaintiff's attorney that Van Epps Construction Company...

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