Appellate Division of the Supreme Court of New York, 1961

Sun Oil Co. v. Sallis

Sun Oil Co. v. Sallis
Appellate Division of the Supreme Court of New York · Decided October 26, 1961
14 A.D.2d 833; 220 N.Y.S.2d 585
Sun Oil Co. v. Sallis

Opinion of the Court

Memorandum: In our opinion, defendants’ motion papers show that their default was excusable and that they may have a meritorious defense to the action. Under the circumstances denial of defendants’ motion to open their default was an improvident exercise of discretion, and the motion should be granted upon condition that the judgment stand as security. (Appeal from order of Erie County Court denying defendants’ motion to open their default and vacate judgment against them.) Present — Williams, P. J., Goldman, Halpern, McClusky and Henry, JJ.

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