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MALCOLM T. EVANS, an Infant, by His Mother and Natural Guardian, SHIRLEY HANKINS, et al., Respondents, v. COUNTY OF NASSAU et al., Appellants.

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.

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EVANS v. COUNTY OF NASSAU
(Jun 2, 1997)