Mazzarelli v. Mazzarelli — 174 A.D. 854

Majority

p. 854

Maria Mazzarelli, by Guiseppina Petti, Her Guardian ad Litem, Respondent, v. Nicholas Mazzarelli, Appellant.

Headnote

Appeal from an order denying the defendant’s motion to set aside an inquest and open the judgment taken by default.

The default was not intentional and has been excused. The order appealed from is, therefore, reversed, with ten dollars costs and disbursements,and the motion granted. Present — Clarke, P. J., McLaughlin, Scott, Smith and Page, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted.