LA VIN v. LA VIN

Full title: EDWIN R. LA VIN, Appellant, v. RUSSELL C. LA VIN et al., Defendants, and…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 18, 1952

279 App. Div. 873 (N.Y. App. Div. 1952)

Opinion

February 18, 1952.

In a stockholder's action plaintiff appeals from an order which opened the default of defendant Sanford Hotel Corporation, directed the service of a copy of the amended complaint on it, and permitted it to answer said complaint within twenty days. Order reversed on the law and the facts, with $10 costs and disbursements, and the motion denied, with $10 costs. Since respondent's default was deliberate and intentional, and there was no adequate showing of a meritorious defense, it was an improvident exercise of discretion to grant the motion. ( Colonial Fuel Corp. v. Kahn, 214 App. Div. 83; Booraem v. Gibbons, 263 App. Div. 665; Scordo v. Terrell, 275 App. Div. 940; Chaplin v. Selznick, 186 Misc. 66, 68-69.) Nolan, P.J., Carswell, Wenzel, MacCrate and Schmidt, JJ., concur.