TRUSTCO BANK NEW YORK v. S/N PRECISION ENTERS., INC.


216 A.D.2d 667 (1995)

627 N.Y.S.2d 480

Trustco Bank New York, Appellant, v. S/N Precision Enterprises, Inc., Respondent

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

June 8, 1995


Plaintiff commenced this action for money damages against defendant and defendant subsequently defaulted in the action. Supreme Court thereafter granted defendant's motion to vacate the default. Contrary to plaintiff's assertion, we do not find that Supreme Court abused its discretion in granting the motion. Inasmuch as defendant demonstrated that the default was attributable to its secretary's mistaken assumption, when served with process, that the papers served upon him...

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