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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
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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.