Panther Oil & Grease Manufacturing Co. v. Clippinger

Appellate Division of the Supreme Court of New York

Panther Oil & Grease Manufacturing Co. v. Clippinger

17 A.D.2d 756, 1962 N.Y. App. Div. LEXIS 8275

Appellate Division of the Supreme Court of the State of New York·Decided September 13, 1962·Published

Opinion

Order unanimously reversed, without costs of this appeal to either party, and motion denied, without costs. Memorandum: The defendant has failed to show that his default was the result of mistake, inadvertence, surprise, or excusable neglect. (Kurtz v. Wilder, 284 App. Div. 1051; General Aniline & Film Corp. v. Rembrandt Graphic Arts Co., 281 App. Div. 1028.) Further, the motion was not timely. (Civ. Prac. Act, § 108.) (Appeal by plaintiff from order of Oneida County Court, resetting the order of said court which confirmed the court’s prior order opening the default judgment.) Present — Williams, P. J., Bastow, Goldman, Halpern and Henry, JJ.

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Order unanimously reversed, without costs of this appeal to either party, and motion denied, without costs. Memorandum: The defendant has failed to show that his default was the result of mistake, inadvertence, surprise, or excusable neglect. (Kurtz v. Wilder, 284 App. Div. 1051; General Aniline & Film Corp. v. Rembrandt Graphic Arts Co., 281 App. Div. 1028.) Further, the motion was not timely. (Civ. Prac. Act, § 108.) (Appeal by plaintiff from order of Oneida County Court, resetting the order of said court which confirmed the court’s prior order opening the default judgment.) Present — Williams, P. J., Bastow, Goldman, Halpern and Henry, JJ.

Panther Oil & Grease Manufacturing Co. v. Clippinger, 17 A.D.2d 756, 1962 N.Y. App. Div. LEXIS 8275 (N.Y. Ct. App. 1962).

Pincite

17 A.D.2d 756 (Panther Oil & Grease Manufacturing Co. v. Clippinger) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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