Gawel v. DeLuca
263 A.D. 838, 31 N.Y.S.2d 567, 1941 N.Y. App. Div. LEXIS 5203
Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1941·Published·Cited by 1 cases
Opinion
Order denying plaintiffs’ motion for an order vacating and setting aside the default judgment dismissing their complaint and restoring the case to the trial calendar reversed on the facts, without costs, and motion granted upon payment of ten dollars costs to defendant. In our opinion the default was not willful but due solely to the illness of plaintiffs’ trial counsel. Johnston, Adel, Taylor and Close, JJ., concur; Lazansky, P. J., dissents and votes to affirm.
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Gawel v. DeLuca, 263 A.D. 838, 31 N.Y.S.2d 567, 1941 N.Y. App. Div. LEXIS 5203 (N.Y. Ct. App. 1941).
263 A.D. 838 (Gawel v. DeLuca) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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63 A.D.2d 960 (Appellate Division of the Supreme Court of New York, 1978)