National Learning Corp. v. Duramatic Press, Inc.

Appellate Division of the Supreme Court of New York

National Learning Corp. v. Duramatic Press, Inc.

63 A.D.2d 695, 404 N.Y.S.2d 698, 1978 N.Y. App. Div. LEXIS 11602

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1978·Published·Cited by 1 cases

Opinion

In an action to recover damages for breach of contract and conversion, defendant appeals from an order of the Supreme Court, Nassau County, dated October 18, 1977, which, upon reargument, reinstated a default judgment in favor of plaintiff and denied defendant’s motion to vacate that judgment. Order affirmed, with $50 costs and disbursements. On this record, we believe that Special Term exercised its sound discretion in finding that defendant had failed to meet its burden of demonstrating a meritorious defense to this action. We are also not persuaded by defendant’s argument that service upon it was never effectuated. We find that service was properly effectuated and regard defendant’s default as inexcusable. Latham, J. P., Damiani, Shapiro and Hargett, JJ., concur.

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In an action to recover damages for breach of contract and conversion, defendant appeals from an order of the Supreme Court, Nassau County, dated October 18, 1977, which, upon reargument, reinstated a default judgment in favor of plaintiff and denied defendant’s motion to vacate that judgment. Order affirmed, with $50 costs and disbursements. On this record, we believe that Special Term exercised its sound discretion in finding that defendant had failed to meet its burden of demonstrating a meritorious defense to this action. We are also not persuaded by defendant’s argument that service upon it was never effectuated. We find that service was properly effectuated and regard defendant’s default as inexcusable. Latham, J. P., Damiani, Shapiro and Hargett, JJ., concur.

National Learning Corp. v. Duramatic Press, Inc., 63 A.D.2d 695, 404 N.Y.S.2d 698, 1978 N.Y. App. Div. LEXIS 11602 (N.Y. Ct. App. 1978).

Pincite

63 A.D.2d 695 (National Learning Corp. v. Duramatic Press, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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