Advance Footwear Co. v. Air Jamaica Ltd.

Order, Supreme Court, New York County (Irving Kirschenbaum, J.), entered August 25,1983, which denied defendant’s motion to vacate a default judgment, unanimously reversed, on the law, on the facts and in the exercise of discretion, without costs, and the motion to vacate the default judgment is granted. The defendant Air Jamaica, Ltd. appeals from the denial of its motion to vacate a default judgment. Although Special Term concluded that the default was excusable, it denied the motion to vacate on the ground that a meritorious defense had not been shown. The action essentially is for the…