Sun Oil Co. v. Sallis

Appellate Division of the Supreme Court of New York

Sun Oil Co. v. Sallis

14 A.D.2d 833, 220 N.Y.S.2d 585

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

DecidedOctober 26, 1961

StatusPublished

This text of 14 A.D.2d 833 (Sun Oil Co. v. Sallis) 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

Sun Oil Co. v. Sallis, 14 A.D.2d 833, 220 N.Y.S.2d 585 (N.Y. Ct. App. 1961).

Pincite

Opinion

Memorandum: In our opinion, defendants’ motion papers show that their default was excusable and that they may have a meritorious defense to the action. Under the circumstances denial of defendants’ motion to open their default was an improvident exercise of discretion, and the motion should be granted upon condition that the judgment stand as security. (Appeal from order of Erie County Court denying defendants’ motion to open their default and vacate judgment against them.) Present — Williams, P. J., Goldman, Halpern, McClusky and Henry, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Memorandum: In our opinion, defendants’ motion papers show that their default was excusable and that they may have a meritorious defense to the action. Under the circumstances denial of defendants’ motion to open their default was an improvident exercise of discretion, and the motion should be granted upon condition that the judgment stand as security. (Appeal from order of Erie County Court denying defendants’ motion to open their default and vacate judgment against them.) Present — Williams, P. J., Goldman, Halpern, McClusky and Henry, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

14 A.D.2d 833, 220 N.Y.S.2d 585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sun-oil-co-v-sallis-nyappdiv-1961.