American Security Insurance v. Austin
110 A.D.2d 697, 488 N.Y.S.2d 16, 1985 N.Y. App. Div. LEXIS 48591
Appellate Division of the Supreme Court of the State of New York·Decided April 8, 1985·Published·Cited by 5 cases
Opinion
Appellant failed to offer a valid excuse for his default, as required by CPLR 5015 (a) (1). Specifically, the “affirmation” of the attorney assigned to the case was not signed, and was therefore of no force or effect (CPLR 2106). Consequently, the trial court did not abuse its discretion in refusing to set aside the default judgment. Mollen, P. J., Mangano, Thompson and O’Connor, JJ., concur.
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American Security Insurance v. Austin, 110 A.D.2d 697, 488 N.Y.S.2d 16, 1985 N.Y. App. Div. LEXIS 48591 (N.Y. Ct. App. 1985).
110 A.D.2d 697 (American Security Insurance v. Austin) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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