418 Trading Corp. v. Pelliccio

In an action to foreclose a mortgage on real property, plaintiff appeals from an order of the Supreme Court, Westchester County, entered October 25, 1960, which conditionally opened the default in answering of defendant Beatrice M. Pelliccio, vacated the judgment entered upon her default and permitted her to serve an answer. Order reversed, without costs, and motion remitted to the Special Term for further proceedings consistent herewith. The moving papers fail to state facts sufficient to show that the defendant’s default was due to mistake, inadvertence, surprise or excusable neglect (Civ.…