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GLEISSNER v. SINGH

Appellate Division of the Supreme Court of New York, Second Department.
Sep 27, 1999
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DECISION ORDER

ORDERED that the order is reversed, with costs, the motion is denied, the cross motion is granted, and the matter is remitted to the Supreme Court, Queens County, for an inquest on the issue of damages.

A motion to be relieved of a default in answering is addressed to the sound discretion of the court, and the exercise of such discretion generally should not be disturbed if there is support in the record therefor ( see, Mondrone v. Lakeview Auto Sales Serv., 170 A.D.2d 586). Since the defendant failed to provide a reasonable excuse for his default and a meritorious defense to the action, the Supreme Court improvidently exercised its discretion in compelling the plaintiff to accept the defendant's late answer ( see, Mondrone v. Lakeview Auto Sales Serv., supra).

SANTUCCI, J.P., KRAUSMAN, FLORIO, and H. MILLER, JJ., concur.