Solomon v. Arlington Park/Washington Park Race Track Corp.

Mr. PRESIDING JUSTICE STAMOS

delivered the opinion of the court:

This is an appeal from an order of the circuit court of Cook County granting defendant’s petition under section 72 of the Civil Practice Act (Ill. Rev. Stat. 1977, ch. 110, par. 72) to vacate a default judgment that had been entered by the trial court. Plaintiff’s primary contention on appeal is that defendant’s petition was insufficient to warrant section 72 relief because defendant’s failure to appear and defend resulted from its own negligence.

On November 23,1976, plaintiff, Paul D. Solomon, filed a complaint against defendant,…