Lebeck v. Mastromarino

Order unanimously reversed, without costs, and motion granted in accordance with the following memorandum; From the record it appears that the default judgment was taken chiefly as a result of the dilemma confronting defendant’s counsel because of conflicting administrative policies in different judicial departments pertaining to the disposition of ready cases and the contradictory orders given him by Calendar *1009Justices sitting in Rockland and Yates Counties concerning cases in which he was acting as attorney. Under the circumstances it was an abuse of discretion not to grant the defendant’s…