Mazzella v. American Home Construction Co.

Order vacating the default judgment is unanimously reversed, on the facts and on the law and in the exercise of discretion, with $20' costs and disbursements to the appellant, and the motion to vacate is denied, with $10 costs. The default was deliberate, and no adequate excuse to justify vacating the judgment has been presented. Concur.— Botein, P. J., Breitel, M. M. Prank, Valente and McNally, JJ.