Hyperlawhypertext legal database Community National Bank v. Mon-Ami Corp. 23 A.D.2d 511

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Community National Bank v. Mon-Ami Corp.

23 A.D.2d 511 Court N.Y. App. Div. Decision date 1965-01-06 English

Delivered by Aulisi, J.

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p. 511
Community National Bank, Plaintiff, v. Mon-Ami Corp., Defendant. Abe Friedman et al., Respondents, Milton Stackel et al., Appellants.

Appeal from an order denying the motion of the defendants Stackel to open their default. To open a default defendants must show not only that they failed to answer because of excusable mistake but also that they have a meritorious defense (CPLR 5015; Investment Corp. of Philadelphia v. Spector, 12 A D 2d 911 ). Order affirmed, with $20 costs. Herlihy, J. P., Reynolds, Taylor and Hamm, JJ., concur.