Aerial Topographic Map & Abstract Co. v. McMahan & Clark, Inc.

Appellate Division of the Supreme Court of New York

Aerial Topographic Map & Abstract Co. v. McMahan & Clark, Inc.

57 A.D.2d 692, 393 N.Y.S.2d 916, 1977 N.Y. App. Div. LEXIS 11726

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 28, 1977

StatusPublished

This text of 57 A.D.2d 692 (Aerial Topographic Map & Abstract Co. v. McMahan & Clark, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aerial Topographic Map & Abstract Co. v. McMahan & Clark, Inc., 57 A.D.2d 692, 393 N.Y.S.2d 916, 1977 N.Y. App. Div. LEXIS 11726 (N.Y. Ct. App. 1977).

Pincite

Opinion

Appeal from an order of the County Court of Columbia County, entered July 6, 1976, which granted defendant’s motion to vacate a default judgment. The record in this case clearly establishes a valid excuse for the default and the absence of willfulness on the part of the defendant. The existence of a meritorious defense was also adequately demonstrated. Accordingly, the court correctly granted the relief requested in the proper exercise of its discretion (Jolicoeur v Clinton Co-op. Ins. Co. of Wadhams, 50 AD2d 621; General Elec. Credit Corp. v Salamone, 42 AD2d 506; Wall v Bennett, 33 AD2d 827). Order affirmed, without costs. Koreman, P. J., Sweeney, Kane, Mahoney and Larkin, JJ., concur.

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Appeal from an order of the County Court of Columbia County, entered July 6, 1976, which granted defendant’s motion to vacate a default judgment. The record in this case clearly establishes a valid excuse for the default and the absence of willfulness on the part of the defendant. The existence of a meritorious defense was also adequately demonstrated. Accordingly, the court correctly granted the relief requested in the proper exercise of its discretion (Jolicoeur v Clinton Co-op. Ins. Co. of Wadhams, 50 AD2d 621; General Elec. Credit Corp. v Salamone, 42 AD2d 506; Wall v Bennett, 33 AD2d 827). Order affirmed, without costs. Koreman, P. J., Sweeney, Kane, Mahoney and Larkin, JJ., concur.

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57 A.D.2d 692, 393 N.Y.S.2d 916, 1977 N.Y. App. Div. LEXIS 11726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aerial-topographic-map-abstract-co-v-mcmahan-clark-inc-nyappdiv-1977.

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