General Aniline & Film Corp. v. Rembrandt Graphic Arts Co.

281 A.D. 1028, 121 N.Y.S.2d 620, 1953 N.Y. App. Div. LEXIS 4204

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 26, 1953
• Status: Published

Opinion

Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion denied. The defendant failed to show that the judgment against it was the result of mistake, inadvertence, surprise or excusable neglect as provided for in section 108 of the Civil Practice Act. On the contrary the default here appears to have been intentional. Settle order on notice. Present — Peck, P. J., Glennon, Cohn, Callahan and Breitel, JJ.