(DOWNLOAD) "Frank Hurley v. Harry A. Reoux Et Al." by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Frank Hurley v. Harry A. Reoux Et Al.
- Author : Supreme Court of New York
- Release Date : January 14, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Appeal from an order of Supreme Court, Clinton County, entered February 13, 1962, denying defendants' motion to open a default judgment. This action was commenced on April 25, 1960 by the receiver in proceedings supplementary to judgment to have certain transfers of real and personal property from defendant Harry A. Reoux to defendant Rita K. Reoux set aside on the ground that such transfers were fraudulent. After service of answers, a note of issue was filed and the action was placed upon the calendar of Supreme Court, Warren County. An order settling the issues to be tried was made on April 7, 1961. At the opening of the October 1961 Term of Supreme Court, Warren County, the action appeared on the Day Calendar, and a motion for a stay of all proceedings made by the defendants on October 3, 1961 was denied. When advised that the action might be reached for trial during the October Term, the defendants' attorney requested an adjournment for the reason that he had been called to active military duty and was stationed at Schenectady County Airport and, further, that the defendant Harry A. Reoux was ill and unable to stand trial which request was denied. On October 26, 1961 the case was called for trial and, in the absence of the defendants and their attorney, the trial court directed the plaintiff to proceed to trial, and a default judgment was obtained and entered on December 13, 1961. Assuming the existence of an excusable default, the motion to open a default should not be granted, unless defendants disclose a meritorious defense to the action. The defendants' attorney in his supporting affidavit on this motion merely states his opinion that the defendants have a meritorious defense which is somewhat amplified in his reply affidavit wherein he states that adequate consideration was paid for the transfers at a time when defendant Harry A. Reoux was solvent. The affidavits submitted by the defendants failed to set forth factual statements to establish a meritorious defense to the action and, therefore, the motion to open the default was properly denied. (Montmarte, Inc. v. Salvation Army, 20 A.D.2d 536; Investment Corp. of Philadelphia v. Spector, 12 A.D.2d 911; Benadon v. Antonio, 10 A.D.2d 40.) Order affirmed, with costs.
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