57 A.D.2d 692

Aerial Topographic Map and Abstract Co., Inc., Appellant, v McMahan & Clark, Inc., Respondent.

Appeal from an order of the County Court of Columbia County, entered July 6, 1976, which granted defendant’s motion to vacate a default judgment. The record in this case clearly establishes a valid excuse for the default and the absence of willfulness on the part of the defendant. The existence of a meritorious defense was also adequately demonstrated. Accordingly, the court correctly granted the relief requested in the proper exercise of its discretion (Jolicoeur v Clinton Co-op. Ins. Co. of Wadhams, 50 AD2d 621; General Elec. Credit Corp. v Salamone, 42 AD2d 506; Wall v Bennett, 33 AD2d 827). Order affirmed, without costs. Koreman, P. J., Sweeney, Kane, Mahoney and Larkin, JJ., concur.

Aerial Topographic Map & Abstract Co. v. McMahan & Clark, Inc.
57 A.D.2d 692

Case Details

Name
Aerial Topographic Map & Abstract Co. v. McMahan & Clark, Inc.
Decision Date
Apr 28, 1977
Citations

57 A.D.2d 692

Jurisdiction
New York

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