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GELFMAN v. ERDHEIM

208 A.D.2d 464 (1994)

617 N.Y.S.2d 644

William Gelfman, as Trustee of Gelfman & Birnbaum, D.D.S. Defined Contribution Profit Sharing Plan Trust, Respondent, v. Michael F. Erdheim, Appellant

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

October 27, 1994

The court did not abuse its discretion in refusing to vacate the default since defendant failed to establish a meritorious defense (see, United Indus. Corp. v Shreiber, 51 A.D.2d 688, 689, lv dismissed 39 N.Y.2d 1015, cert denied 429 U.S. 1023). The promissory note, drafted by defendant, was not usurious (General Obligations Law...

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