Legal Opinion

Gawel v. DeLuca

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

Decided December 15, 1941PublishedCited by 1 opinion

1Opinion of the Court

Order denying plaintiffs’ motion for an order vacating and setting aside the default judgment dismissing their complaint and restoring the case to the trial calendar reversed on the facts, without costs, and motion granted upon payment of ten dollars costs to defendant. In our opinion the default was not willful but due solely to the illness of plaintiffs’ trial counsel. Johnston, Adel, Taylor and Close, JJ., concur; Lazansky, P. J., dissents and votes to affirm.

2Cited by1 opinion

  1. Hurtig v. PodmoreAppellate Division of the Supreme Court of the State of New York · 1978