British Brokers, Ltd. v. Wolford

Defendant moves to open his default to answer and vacate the judgment entered upon said default.

*998The default was suffered apparently by reason of some com fusion on the part of defendant’s attorney as to certain procedural steps. Just prior to the last day to answer the complaint he served a notice of motion and affidavit returnable 11 days later for an order directing plaintiffs to add defendant’s sister as an indispensable party defendant. Since no order to show cause was obtained, staying proceedings of plaintiffs until the determination of said motion and extending defendant’s time to…