Back v. Stern

Order, entered on August 18, 1964, granting defendant’s motion to vacate and set aside the judgment and to open the defendant’s default, unanimously reversed, on the law, the facts, and in the exercise of discretion, with $30 costs and disbursements to appellant and the motion denied. The defendants have failed to demonstrate the existence of any of the elements which could justify a vacatur of the judgment and an opening of their default. There is no showing of any adequate excuse for the default — to the contrary it appears to have been a deliberate one; no demonstration was made of a…