Bridger v. Donaldson

Order entered *629November 17, 1969, granting motion to vacate default and to serve an answer to complaint and cross complaint, unanimously modified on the law, the facts, and in the exercise of discretion, without costs or disbursements, so as to deny motion to open' default in answering cross complaint. That portion of the appeal from the other provisions of the order opening defendant Donaldson’s default in answering the complaint is dismissed, without costs and without disbursements. Although CPLR 5015 (subd. [a], par. 1) does permit relief from an “ excusable default ” there must first be a…