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NATHAN L. SPELLS v. CARL B. DAVIS ET AL. (10/15/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 1969.NY.43061 <http://www.versuslaw.com>; 306 N.Y.S.2d 406; 33 A.D.2d 567 October 15, 1969 NATHAN L. SPELLS, RESPONDENT,v.CARL B. DAVIS ET AL., APPELLANTS In an action for specific performance of a contract for the sale of real property, defendants appeal from an order of the Supreme Court, Richmond County, dated March 4, 1969, which denied their motion to vacate a default judgment theretofore granted against them on December 30, 1968. Brennan, Acting P. J., Hopkins, Benjamin, Martuscello and Kleinfeld, JJ., concur.


In an action for specific performance of a contract for the sale of real property, defendants appeal from an order of the Supreme Court, Richmond County, dated March 4, 1969, which denied their motion to vacate a default judgment theretofore granted against them on December 30, 1968.

Brennan, Acting P. J., Hopkins, Benjamin, Martuscello and Kleinfeld, JJ., concur.

In our opinion the record demonstrates that the default of defendants was not willful and that there is merit to their defense.

Disposition

 Order reversed, on the law and the facts, with $10 costs and disbursements, and motion granted; judgment vacated; and defendants granted leave to serve their answer to the complaint within 20 days of the entry of the order hereon.

19691015

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