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Pinkney v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Dec 1, 1966
27 A.D.2d 515 (N.Y. App. Div. 1966)

Opinion

December 1, 1966


Order entered September 28, 1966, denying defendant-appellant's motion to vacate his default, unanimously reversed, on the law, on the facts and in the exercise of discretion, and the motion granted, on condition that defendant-appellant submit to examination before trial and pay $30 costs and disbursements of this appeal and the action to date plus $250 counsel fee within 10 days after service of the order to be settled hereon, in default of which the motion is denied. Undoubtedly defendant-appellant has been remiss in violating the orders compelling his appearance for examination. Nevertheless, in the circumstances, we hold that the interests of justice would best be served by granting the vacatur. Settle order on notice.

Concur — Botein, P.J., Breitel, McNally, Steuer and Witmer, JJ.


Summaries of

Pinkney v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Dec 1, 1966
27 A.D.2d 515 (N.Y. App. Div. 1966)
Case details for

Pinkney v. Rivera

Case Details

Full title:JOHNIE L. PINKNEY, an Infant, by JOHNIE PINKNEY, His Father and Natural…

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

Date published: Dec 1, 1966

Citations

27 A.D.2d 515 (N.Y. App. Div. 1966)