Opinion
Submitted June 7, 2000
August 15, 2000.
In a proceeding to recover damages for a permanent taking of the petitioner's real property, the appeal is from an order and judgment (one paper) of the Supreme Court, Nassau County (McCabe, J.), entered September 15, 1999, which, upon the denial of the motion of the Incorporated Village of Hempstead to vacate its default in appearing at a trial on the issue of damages, is in favor of the petitioner and against the Village in the principal sum of $825,000.
Edwards Edwards, Freeport, N.Y. (Harrison J. Edwards of counsel), for appellant.
Meyer, Suozzi, English Klein, P.C., Mineola, N.Y. (Robert N. Zausmer of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order and judgment is reversed, on the law, with costs, the motion is granted, the default is vacated, and the matter is remitted to the Supreme Court, Nassau County, for a new trial on the issue of damages.
The Supreme Court erred in denying the motion of the Incorporated Village of Hempstead to vacate its default, as it demonstrated both a reasonable excuse for its default and the existence of a meritorious defense (see, A J Concrete Corp. v. Arker, 54 N.Y.2d 870; Stone v. County of Nassau, ___ A.D.2d ___ [2d Dept., May 8, 2000]; Matter of Long Is. Lighting Co. v. Assessor of Town of Brookhaven, 251 A.D.2d 332).