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ROSARIO SCORDO, Appellant, v. ETHEL H. TERRELL, Respondent.

In an action to recover for work, labor and services performed, and for materials furnished, judgment was entered in favor of plaintiff by default. On defendant's motion her default was opened and the judgment set aside. Order of the County Court, Westchester County, reversed on the law and the facts, with $10 costs and disbursements, and the motion denied, with $10 costs. Since it is clear from the affidavits that defendant's default was neither inadvertent nor excusable, and that no meritorious defense is shown, it was an improvident exercise of discretion to grant the motion. Carswell, Acting P.J., Johnston, Adel, Sneed and Wenzel, JJ., concur.

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SCORDO v. TERRELL
(Jun 6, 1949)