Appellate Division of the Supreme Court of New York, 1965

Community National Bank v. Mon-Ami Corp.

Community National Bank v. Mon-Ami Corp.
Appellate Division of the Supreme Court of New York · Decided January 6, 1965 · Aulisi
23 A.D.2d 511; 255 N.Y.S.2d 116; 1965 N.Y. App. Div. LEXIS 5109
Community National Bank v. Mon-Ami Corp.

Opinion of the Court

Aulisi, J.

Appeal from an order denying the motion of the defendants Stackel to open their default. To open a default defendants must show not only that they failed to answer because of excusable mistake but also that they have a meritorious defense (CPLR 5015; Investment Corp. of Philadelphia v. Spector, 12 A D 2d 911). Order affirmed, with $20 costs. Herlihy, J. P., Reynolds, Taylor and Hamm, JJ., concur.

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