Mandel v. Donohue

Erlanger, J.:

Defaults, whether in pleading or in failing to appear in the various trial parts, are no longer opened as a matter of course. 'The rule is now firmly established that, unless the party against whom the default is taken presents by affidavit facts establishing either a meritorious cause of action or defense, the relief will be denied. The appellate court has also held that a mere affidavit of merits is not sufficient. (Fitzgerald Mfg. Co. v. Alexander, 200 App. Div. 164; Titus v. Halsted, 209 id. 66.) These authorities are evidently unknown to many. The trial justice, as was…