Colonial Sand & Stone Co. v. Enrico & Sons Contractors, Inc.

Order, Supreme Court, New York County, entered August 1, 1978 vacating default judgment in favor of plaintiff, docketed December 30, 1977, and dismissing the complaint without prejudice to a new action, is unanimously reversed, on the law and the facts, and in the exercise of discretion, with $50 costs and disbursements of this appeal to appellant, and the motion to vacate said judgment is denied, without prejudice to renewal of such motion on an adequate showing of merit, within 60 days after service of a copy of the order determining this appeal. The affidavit of service of process should…