Tomoser v. Hegyi

Second ordering paragraph of the order affirmed, and the first ordering paragraph reversed and the motion denied, without costs of these appeals to any party. Memorandum: The order appealed from grants defendant’s motion to strike out that portion of a default judgment which awards money damages against him, but denies his motion to open his default in pleading. We think that the Special Term correctly exercised its discretion in refusing to open the default. It was not a case of “mistake, inadvertence, surprise or excusable neglect” (Civ. Prac. Act, § 108), but a case of deliberate default…