Abarca v. Charge Account Credit Corp.

Appellate Division of the Supreme Court of New York

Abarca v. Charge Account Credit Corp.

49 A.D.2d 722, 374 N.Y.S.2d 297, 1975 N.Y. App. Div. LEXIS 10657

Appellate Division of the Supreme Court of the State of New York·Decided September 25, 1975·Published

Opinion

Order, Supreme Court, New York County, entered on September 20, 1973, denying defendants-appellants’ motion to vacate a judgment entered against them following their default in appearing for trial, and order entered on April 3, 1974, denying appellants’ motion for leave to reargue and/or renew, as permitted by the earlier order, unanimously affirmed. Respondent shall recover of appellants $40 costs and disbursements of this appeal. Appellants failed to explain away their wilful default or to demonstrate the existence of a meritorious defense. Their reliance on CPLR 321 (subd [c]) is misplaced, as they were represented by other counsel ever since the death of their original attorney in February, 1970. Concur—Stevens, P. J., Markewich, Capozzoli and Lane, JJ.

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Order, Supreme Court, New York County, entered on September 20, 1973, denying defendants-appellants’ motion to vacate a judgment entered against them following their default in appearing for trial, and order entered on April 3, 1974, denying appellants’ motion for leave to reargue and/or renew, as permitted by the earlier order, unanimously affirmed. Respondent shall recover of appellants $40 costs and disbursements of this appeal. Appellants failed to explain away their wilful default or to demonstrate the existence of a meritorious defense. Their reliance on CPLR 321 (subd [c]) is misplaced, as they were represented by other counsel ever since the death of their original attorney in February, 1970. Concur—Stevens, P. J., Markewich, Capozzoli and Lane, JJ.

Abarca v. Charge Account Credit Corp., 49 A.D.2d 722, 374 N.Y.S.2d 297, 1975 N.Y. App. Div. LEXIS 10657 (N.Y. Ct. App. 1975).

Pincite

49 A.D.2d 722 (Abarca v. Charge Account Credit Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.