Child-Fit Mfg. Co. v. Pillow Express, Inc.

Appellate Terms of the Supreme Court of New York

Child-Fit Mfg. Co. v. Pillow Express, Inc.

17 Misc. 2d 147, 183 N.Y.S.2d 900, 1958 N.Y. Misc. LEXIS 2284

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 26, 1958

StatusPublished

Cited by1 cases

This text of 17 Misc. 2d 147 (Child-Fit Mfg. Co. v. Pillow Express, Inc.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Child-Fit Mfg. Co. v. Pillow Express, Inc., 17 Misc. 2d 147, 183 N.Y.S.2d 900, 1958 N.Y. Misc. LEXIS 2284 (N.Y. Ct. App. 1958).

Pincite

Opinion

Per Curiam.

Defendant failed to show adequate excuse for its original default and for the delay of approximately seven months in moving to set aside the inquest of which it had direct knowledge. It failed to show facts indicating a meritorious defense to the action and neglected to submit a proposed answer on the application to open its default.

It exhibited a callous and deliberate disregard of court process and proceedings, until its bank account was tied up by the service of a third-party subpoena and one of its customers served in an attempt to collect the judgment.

It was not entitled to the exercise of the court’s discretion in its favor and its application should have been denied. (See White Lbr. & Millwork Corp. v. Andreola, 3 A D 2d 945.)

The order should be reversed, with $10 costs, defendant’s motion denied and judgment reinstated.

Concur — Hecht, J. P., Steuer and Tilzer, JJ.

Order reversed, etc.

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