Palaganas v. DRC Industries, Inc – Case Brief Summary (New York)

In Palaganas v. DRC Industries, Inc. (64 AD2d 594, 407 N.Y.S.2d 170 1st Dept., 1978) the court held that a motion to vacate a default based on the allegation that a party was incapable of adequately defending his rights required a hearing not only to determine whether there was such an incapacity, but also to determine what appropriate protection should be afforded based on the facts ascertained at the hearing (id at 594).