Legal Opinion
Investment Corp. of Philadelphia v. Spector
Appellate Division of the Supreme Court of the State of New York
Decided February 16, 1961PublishedCited by 8 opinions
1Opinion of the Court
Order, entered on August 10, 1960,
denying defendant-appellant’s motion to vacate the default judgment entered against him on April 21, 1960 for the sum of $10,216.53, unanimously affirmed on the law and on the facts, with $20 costs and disbursements to plaintiff-respondent. While there is a showing by defendant-appellant tending to indicate that his default was not deliberate, his papers do not establish that he does in fact have a meritorious defense to the action. The rule is that the opening of a default “ should be withheld when it is not shown that there is a meritorious controversy, for…
2Cases cited2 opinions
- Rothschild v. HavilandAppellate Division of the Supreme Court of the State of New York · 1916
- Fitzgerald Manufacturing Co. v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1922
3Cited by8 opinions
- Oversby v. Linde Division of Union Carbide Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Sanders v. SandersAppellate Division of the Supreme Court of the State of New York · 1988
- Hilldun Corp. v. Scarboro Textiles, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
- Fulton County National Bank & Trust Co. v. Fulton Automotive Corp.Appellate Division of the Supreme Court of the State of New York · 1985
- Keeffe v. EmoryAppellate Division of the Supreme Court of the State of New York · 1977
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