Armstrong v. Smith

Appeal from an order of the Supreme Court at Special Term, entered June 18, 1975 in Madison County, *753which granted defendant’s motion to vacate a default judgment entered December 13, 1974 in Madison County in favor of plaintiff and against defendant to the extent of relieving defendant of her default in pleading and granting her permission to interpose her answer and defend the action on the merits with the judgment standing as security pending the determination of the action on the merits. "To vacate a judgment entered because of excusable default, the defaulting party must show pursuant to…