Capitol Auto Stores, Inc. v. Bradley

A motion has been made by the defendant herein to set aside and vacate a judgment heretofore entered by default, and to allow him to interpose an answer.

It is the understanding of this court that such a motion must be based on section 108 of the Civil Practice Act of the State of New York, which substantially states that in order for the court to grant a motion by the defendant to vacate a judgment and open a default, the defendant must show in his.moving papers that the judgment was taken by the plaintiff through neglect, mistake or inadvertence on the part of the defendant. (Civ. Prac. Act,…