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

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.