General Crane Service, Inc. v. Whiting-Turner Contracting Co.

Defendant Whiting-Turner moves, under section 108 of the Civil Practice Act, to be relieved of a judgment taken against it on a default claimed inadvertent. The motion was timely made upon papers sufficient in form. It would be granted by the court except for the character of the inadvertence alleged which the court holds is a legal barrier *404to the exercise of its discretion whether the motion he determined under the authority of the statute or under the court’s equitable powers to relieve defaults.

Whiting-Turner is a foreign corporation that obtained an authorization to do business within the…