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21 Misc. 2d 283

Donatone v. Hennings

Appellate Terms of the Supreme Court of New York · decided 1959-11-12

Decided 1959-11-12

Per Curiam.

¶1The answer was timely served and filed. The subsequent alleged default, inquest and judgment taken by plaintiff were improper. Defendant’s moving papers presented an adequate and meritorious defense to the cause of action stated by plaintiff.

¶2The order should be reversed, with $10 costs to defendant, and motion granted, judgment vacated and case restored to General Calendar.

¶3Concur — Hofstadter, J. P., Aurelio and Tilzer, JJ.

¶4Order reversed, etc.

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