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Evans v. County of Nassau

Appellate Division of the Supreme Court of New York, Second Department
Jun 2, 1997
240 A.D.2d 363 (N.Y. App. Div. 1997)

Opinion

June 2, 1997

Appeal from the Supreme Court, Nassau County (Feuerstein, J.).


Ordered that the order is affirmed, with costs.

Contrary to the defendants' contention, the failure to fully comply with an order of preclusion may be excused where, inter alia, the defaulting party proffers a reasonable excuse for its neglect, shows the existence of a meritorious cause of action and its intention to prosecute the action, and there is an absence of prejudice to the opposing party (see, Richardson v Martorano, 184 A.D.2d 557; Glen Travel Plaza v. Anderson Equip. Corp., 122 A.D.2d 327; Epstein v. Lenox Hill Hosp., 108 A.D.2d 616, 617-618; Heffney v. Brookdale Hosp. Ctr., 102 A.D.2d 842). Under the circumstances of this case, we find no reason to disturb the order appealed from.

Rosenblatt, J.P., Copertino, Pizzuto, Krausman and Florio, JJ., concur.


Summaries of

Evans v. County of Nassau

Appellate Division of the Supreme Court of New York, Second Department
Jun 2, 1997
240 A.D.2d 363 (N.Y. App. Div. 1997)
Case details for

Evans v. County of Nassau

Case Details

Full title:MALCOLM T. EVANS, an Infant, by His Mother and Natural Guardian, SHIRLEY…

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

Date published: Jun 2, 1997

Citations

240 A.D.2d 363 (N.Y. App. Div. 1997)
657 N.Y.S.2d 778

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