HORWITZ v. GARDNER


283 A.D. 780 (1954)

Arthur Horwitz, Appellant, v. A. Beth Gardner, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 16, 1954.


Order reversed, with $10 costs and disbursements to the appellant, and the motion denied.

The moving papers contain no factual showing that the defendant has a meritorious defense and no proposed answer is submitted. The defendant may not excuse such failure by alleging that the complaint has not been served upon her. This was so because she had not appeared. At the time the application was made the verified complaint was on file in the County Clerk's office.

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