Consolidated Carriers Corp. v. Fielding

Appellate Terms of the Supreme Court of New York

Consolidated Carriers Corp. v. Fielding

18 Misc. 2d 421, 186 N.Y.S.2d 797, 1959 N.Y. Misc. LEXIS 3651

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 21, 1959

StatusPublished

This text of 18 Misc. 2d 421 (Consolidated Carriers Corp. v. Fielding) 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

Consolidated Carriers Corp. v. Fielding, 18 Misc. 2d 421, 186 N.Y.S.2d 797, 1959 N.Y. Misc. LEXIS 3651 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

Defendant has not satisfactorily shown that he has a meritorious defense to the action. Moreover, the default appears to be a willful one, coupled with a lack of due diligence in moving, upon good cause shown, to open the. default and to vacate the judgment.

[422]*422Accordingly, order appealed from should be reversed, with $10 costs, and the motion to vacate and set aside the judgment entered herein denied.

Concur — Hopstadter, J. P., Hecht and Aurelio, JJ.

Order reversed, etc.

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Per Curiam.

Defendant has not satisfactorily shown that he has a meritorious defense to the action. Moreover, the default appears to be a willful one, coupled with a lack of due diligence in moving, upon good cause shown, to open the. default and to vacate the judgment.

[422]*422Accordingly, order appealed from should be reversed, with $10 costs, and the motion to vacate and set aside the judgment entered herein denied.

Concur — Hopstadter, J. P., Hecht and Aurelio, JJ.

Order reversed, etc.

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Bluebook (online)

18 Misc. 2d 421, 186 N.Y.S.2d 797, 1959 N.Y. Misc. LEXIS 3651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/consolidated-carriers-corp-v-fielding-nyappterm-1959.