Horwitz v. Gardner

Order reversed, with $10 costs and disbursements to the appellant, and the motion denied. The moving papers contain no factual showing that the defendant has a meritorious defense and no proposed answer is submitted. The defendant may not excuse such failure by alleging that the complaint has not been served upon her. This was so because she had not appeared. At the time the application was made the verified complaint was on file in the County Clerk’s office. Present — Peek, P. J., Dore, Breitel, Bastow and Bergan, JJ.; Dore and Bergan, JJ., dissent and vote to affirm in the following…