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Morning Line, Inc. v. Mormile Bros., Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jul 23, 1979
71 A.D.2d 652 (N.Y. App. Div. 1979)

Opinion

July 23, 1979


In an action to recover damages for breach of contract, plaintiffs appeal from an order of the Supreme Court, Nassau County, entered March 16, 1978, which denied their motion, inter alia, to vacate a default judgment. Order reversed, without costs or disbursements, plaintiffs' motion is granted and the default judgment is vacated. Plaintiffs shall serve their reply within 20 days after entry of the order to be made hereon. The facts suggest an excusable default, not willfully incurred. Prejudice to defendant was minimal (see Moran v. Rynar, 39 A.D.2d 718). Titone, J.P., Shapiro, Martuscello and Mangano, JJ., concur.


Summaries of

Morning Line, Inc. v. Mormile Bros., Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jul 23, 1979
71 A.D.2d 652 (N.Y. App. Div. 1979)
Case details for

Morning Line, Inc. v. Mormile Bros., Inc.

Case Details

Full title:MORNING LINE, INC., et al., Appellants, v. MORMILE BROS., INC., Respondent

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

Date published: Jul 23, 1979

Citations

71 A.D.2d 652 (N.Y. App. Div. 1979)