Blasser v. Morrisania Milk Co.

The action was begun by the service of the summons. Defendant’s notice of appearance demanded a copy of the complaint. On default in its service, defendant moved to dismiss. (Civ. Prac. Act, § 257.) In opposition, an affidavit of plaintiffs’ attorney attempted to excuse the default so interposed. There was no affidavit of merits, nothing to show a meritorious cause of action, no proposed pleading, and no affidavit by plaintiffs or by any one having knowledge of the facts presented. The attorney alleged merely that the infant plaintiff was struck and knocked down by an automobile and was…