Corporations
Meyer Michelson, Respondent v. Roberts Corporation, Inc., and Victor Products Corporation, Respondents, Impleaded with Bankers-Commercial Security Company, Inc., Appellant, and Morris M. Benisch, as Trustee of the Estate of Charles Steen Engineering Corporation, a Bankrupt, Defendant
240 A.D. 708·New York Supreme Court, Appellate Division·1933·NY
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Opinion
Meyer Michelson, Respondent v. Roberts Corporation, Inc., and Victor Products Corporation, Respondents, Impleaded with Bankers-Commercial Security Company, Inc., Appellant, and Morris M. Benisch, as Trustee of the Estate of Charles Steen Engineering Corporation, a Bankrupt, Defendant.
[MAJORITY]
Order denying motion to open default and modify order of January 19, 1933, reversed on the law, with ten dollars costs and disbursements, motion granted and order of January 19, 1933, vacated. Under the circumstances shown, the denial of the motion to open appellant’s default was not a proper exercise of discretion. Lazansky, P. J., Young, Kapper, Scudder and Tompkins, JJ., concur.