Becker Wrecking & Salvage Corp. v. Pinebrook Construction Corp.

The moving affidavit was completely inadequate to sustain the order opening defendant’s default in serving notice of appearance in the action. The affidavit was that of the attorney, without assignment of any reason for defendant’s failure to make it and with no claim of any knowledge on the attorney’s part. The purported affidavit of merits was ineffective for the same reason and, in any event, was legally insufficient, being a mere eonelusory statement with no factual showing of merits. Finally, no reason whatsoever was stated for defendant’s default, following the extension of time which…