The order of preclusion which Special Term vacated was originally obtained on default and within a very short time period after joinder of issue. There has been no showing of prejudice to the defendants. While we do not in any way condone the laxity of the plaintiffs (themselves attorneys), nonetheless it is the strong policy of our courts to permit actions to be decided on the merits (Dahlem v Universal School Bus Leasing,
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SCHUPAK, ROSENFELD & FISCHBEIN v. CAMPANELLI INDUS., INC.
51 A.D.2d 699 (1976)
Schupak, Rosenfeld & Fischbein, Respondents, v. Campanelli Industries, Inc., Appellant, et al., Defendants
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
February 10, 1976
February 10, 1976
Appellate Division of the Supreme Court of the State of New York, First Department.
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