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BBZZ Equities, Inc. v. Walter T. Gorman, P.E

Appellate Division of the Supreme Court of New York, Second Department
Dec 13, 1999
267 A.D.2d 266 (N.Y. App. Div. 1999)

Opinion

Argued October 26, 1999

December 13, 1999

In an action to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Nassau County (Lally, J.), entered December 8, 1998, which denied their motion to vacate an order of the same court, dated June 3, 1998, striking their answer upon their default in appearing at a pretrial conference.

Levin Belsky Ross Daniels, LLP, Garden City, N.Y. (Michael Lowe of counsel), for appellants.

Neil R. Gerst, Garden City, N.Y. (Allan L. Pullin of counsel), for respondents.

DAVID S. RITTER, J.P., LEO F. McGINITY, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the order entered December 8, 1998, is reversed, as a matter of discretion, with costs, the motion is granted, the answer is reinstated, and the order dated June 3, 1998, is vacated.

The Supreme Court improvidently exercised its discretion in declining to vacate the order entered upon the defendants' default in appearing at a pretrial conference on May 20, 1998, since they proffered a reasonable excuse for that default (see, CPLR 2005) and demonstrated a meritorious defense (see, Fidelity Deposit Co. of Maryland v. Andersen Co., 60 N.Y.2d 693 ; Windsor Metal Fabrications v. Fireman's Fund Ins. Co., 250 A.D.2d 602 ).

RITTER, J.P., McGINITY, H. MILLER, and FEUERSTEIN, JJ., concur.


Summaries of

BBZZ Equities, Inc. v. Walter T. Gorman, P.E

Appellate Division of the Supreme Court of New York, Second Department
Dec 13, 1999
267 A.D.2d 266 (N.Y. App. Div. 1999)
Case details for

BBZZ Equities, Inc. v. Walter T. Gorman, P.E

Case Details

Full title:BBZZ EQUITIES, INC., et al., respondents, v. WALTER T. GORMAN, P.E., P.C.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 13, 1999

Citations

267 A.D.2d 266 (N.Y. App. Div. 1999)
700 N.Y.S.2d 719

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