Mary Eaton Et Al. v. Equitable Life Assurance Society United States Book Reviews

Mary Eaton Et Al. v. Equitable Life Assurance Society United States by Supreme Court of New York Book Summary

Appeal by defendant Marine Midland Bank, Inc., from an order of the Supreme Court, Richmond County, dated July 3, 1980, which, inter alia, denied its motion to vacate a default judgment which had been entered against it on March 7, 1980. Order reversed, without costs or disbursements, and motion granted, on condition that appellant serve its answer and pay $500 to the plaintiffs within 10 days after service upon it of a copy of the order to be made hereon, with notice of entry; in the event such conditions are not complied with, order affirmed, with $50 costs and disbursements. After considering a variety of factors including the relative shortness of the delay, the nature of appellants excuse, the apparent existence of a meritorious defense, the promptness with which appellant moved to vacate its default, and the absence of any apparent intention on its part to abandon its defense of the action, we believe that the default should be vacated in the interest of justice (cf. Sequoia Constr. Corp. v Hunt, 78 A.D.2d 695). The conditions which we impose should redress any inconvenience [81 A.D.2d 653 Page 654]

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