ALTERNATIVE AUTOMOTIVE, INC. v. MOWBRAY

Order unanimously reversed, on the law and facts, without costs, and motion granted. Memorandum: Defendant's motion to vacate a default judgment was denied by Special Term on constraint of Barasch v Micucci ( 49 N.Y.2d 594) and Eaton v Equitable Life Assur. Soc. ( 56 N.Y.2d 900). A subsequent statutory amendment restored discretion to excuse default based on law office failure (see L 1983, ch 318). The new law applies to all cases still pending before a court ( Weissblum v Mostafzafan Foundation, 60 N.Y.2d 637). The reasons for the brief default herein were excusable, and questions of fact suggesting a meritorious defense are raised by the verified answer, which may be regarded as an affidavit (CPLR 105, subd [t]).