Opinion
May 21, 1984
In an action to recover damages for goods sold and delivered, defendant appeals from an order of the Supreme Court, Nassau County (Kelly, J.), dated August 26, 1983, which denied its motion to vacate a default judgment. ¶ Order reversed, on the law and in the exercise of discretion, without costs or disbursements, motion granted, default judgment vacated, and proposed answer deemed served (see Smith v Waldbaum's Supermarket, 99 A.D.2d 530; Pazienza v Floral Pet, 98 A.D.2d 743; Colonial Country Club v Village of Ellenville, 89 A.D.2d 935). Titone, J.P., Mangano, Thompson and Brown, JJ., concur.