Appellate Division of the Supreme Court of New York, 1996

Loscalzo v. Lupinacci

Loscalzo v. Lupinacci
Appellate Division of the Supreme Court of New York · Decided November 25, 1996
233 A.D.2d 483; 650 N.Y.S.2d 967; 1996 N.Y. App. Div. LEXIS 12669
Loscalzo v. Lupinacci

Opinion of the Court

In an action to recover damages for breach of contract, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (D’Emilio, J.), dated September 25, 1995, as granted the defendants’ motion to vacate their default in answering the complaint.

Ordered that the order is affirmed, with costs.

The defendants proffered a reasonable excuse for their default in interposing an answer and a meritorious defense (see, Fennell v Mason, 204 AD2d 599; Putney v Pearlman, 203 AD2d 333). Bracken, J. P., Copertino, Joy, Florio and McGinity, JJ., concur.

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