Spells v. Davis

Appellate Division of the Supreme Court of New York

Spells v. Davis

33 A.D.2d 567, 306 N.Y.S.2d 406, 1969 N.Y. App. Div. LEXIS 3160

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 15, 1969

StatusPublished

Cited by1 cases

This text of 33 A.D.2d 567 (Spells v. Davis) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Spells v. Davis, 33 A.D.2d 567, 306 N.Y.S.2d 406, 1969 N.Y. App. Div. LEXIS 3160 (N.Y. Ct. App. 1969).

Pincite

Opinion

—In an action .for specific performance of a contract for the sale of real property, defendants appeal from an order of the Supreme Court, Richmond County, dated March 4, 1969, which denied their motion to vacate a default judgment theretofore granted against them on December 30, 1968. Order reversed, on the law and the facts, with $10 costs and disbursements, and motion granted; judgment vacated; and defendants granted leave to serve their answer to the complaint within 20 days of the entry of the order hereon. In our opinion the record demonstrates that the default of defendants was not [568]*568willful and that there is merit to their defense. Brennan, Acting P. J., Hopkins, Benjamin, Martuseello and Kleinfeld, JJ., concur.

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—In an action .for specific performance of a contract for the sale of real property, defendants appeal from an order of the Supreme Court, Richmond County, dated March 4, 1969, which denied their motion to vacate a default judgment theretofore granted against them on December 30, 1968. Order reversed, on the law and the facts, with $10 costs and disbursements, and motion granted; judgment vacated; and defendants granted leave to serve their answer to the complaint within 20 days of the entry of the order hereon. In our opinion the record demonstrates that the default of defendants was not [568]*568willful and that there is merit to their defense. Brennan, Acting P. J., Hopkins, Benjamin, Martuseello and Kleinfeld, JJ., concur.

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Bluebook (online)

33 A.D.2d 567, 306 N.Y.S.2d 406, 1969 N.Y. App. Div. LEXIS 3160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spells-v-davis-nyappdiv-1969.

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