Appellate Terms of the Supreme Court of New York, 1959

Consolidated Carriers Corp. v. Fielding

Appellate Terms of the Supreme Court of New York · Decided May 21, 1959 · Aurelio, Hecht, Hopstadter

18 Misc. 2d 421; 186 N.Y.S.2d 797; 1959 N.Y. Misc. LEXIS 3651

Counsel

Samuel Schaeffer for appellant., No appearance for respondent.

Opinion of the Court

Per Curiam.

Defendant has not satisfactorily shown that he has a meritorious defense to the action. Moreover, the default appears to be a willful one, coupled with a lack of due diligence in moving, upon good cause shown, to open the. default and to vacate the judgment.

*422Accordingly, order appealed from should be reversed, with $10 costs, and the motion to vacate and set aside the judgment entered herein denied.

Concur — Hopstadter, J. P., Hecht and Aurelio, JJ.

Order reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.