Long Island Trading Corp. v. Tuthill

243 A.D. 617

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 15, 1935
• Status: Published

Opinion

Order granting defendant’s motion to open default in pleading, to vacate judgment entered by plaintiff, and granting leave to defendant to answer, affirmed, with ten dollars costs and disbursements; the answer, if not already served, to be served within ten days from the entry of the order herein.- Courts adopt a liberal policy in respect to defaults where it appears that there is an arguable defense and that the default did not arise by any willful act — to the end that parties may have their day in court to litigate the issues in difference between them. (Allen v. Fink, 211 App. Div. 411; Baldwin v. Yellow Taxi Corporation, 221 id. 717.) Lazansky, P. J., Young, Carswell, Davis and Johnston, JJ., concur.