Schneider Oil Co. v. Beach

Order unanimously reversed, with costs, and matter remitted to Supreme Court, Ontario County, for further proceedings, in accordance with the following memorandum: Defendant’s motion to vacate a default judgment entered June 30,1982 based on excusable neglect, fraud and misrepresentation (CPLR 5015, subd [a], pars 1, 3) was denied by Special Term because defendant established “nothing more than law office failure which clearly is no reason for granting the motion to vacate”. The record is clear that defendant was served with a summons and complaint and filed a notice of appearance, but…