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Smallridge v. MacAlaster Bicknell Co., N.Y

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 10, 1987
134 A.D.2d 880 (N.Y. App. Div. 1987)

Opinion

November 10, 1987

Appeal from the Supreme Court, Monroe County, Boehm, J.

Present — Denman, J.P., Green, Balio, Lawton and Davis, JJ.


Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: It was error for the court to vacate the judgment entered against defendant Fisch on grounds of excusable default (CPLR 5015 [a] [1]). The only excuse offered for defendant's failure to answer was that defendant was suffering from "confusion" and "great personal stress and financial difficulties." Defendant thus failed to show a reasonable excuse for the delay and also failed to demonstrate that his defense has merit (Gray v. B.R. Trucking Co., 59 N.Y.2d 649; Eaton v. Equitable Life Assur. Socy., 56 N.Y.2d 900).


Summaries of

Smallridge v. MacAlaster Bicknell Co., N.Y

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 10, 1987
134 A.D.2d 880 (N.Y. App. Div. 1987)
Case details for

Smallridge v. MacAlaster Bicknell Co., N.Y

Case Details

Full title:DOROTHY B. SMALLRIDGE, Appellant-Respondent, v. MacALASTER BICKNELL…

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

Date published: Nov 10, 1987

Citations

134 A.D.2d 880 (N.Y. App. Div. 1987)

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