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Mazzella v. American Home Construction Co.

10 A.D.2d 826 Court N.Y. App. Div. Decision date 1960-04-12 English

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p. 826
Louis Mazzella, Individually, and as Assignee of Jessie Mazzella, Appellant, v. American Home Construction Company, Inc., Respondent.

Order vacating the default judgment is unanimously reversed, on the facts and on the law and in the exercise of discretion, with $20' costs and disbursements to the appellant, and the motion to vacate is denied, with $10 costs. The default was deliberate, and no adequate excuse to justify vacating the judgment has been presented. Concur.— Botein, P. J., Breitel, M. M. Prank, Valente and McNally, JJ.