Unanimously modified, on the law and on the facts, by denying vacatur, deleting the direction that plaintiff accept defendant Ponti's answer and reinstating the order of January 4, 1977 including the direction for an inquest and assessment of damages and otherwise affirmed, with $40 costs and disbursements of this appeal to plaintiff-appellant payable by defendant-respondent.
Defendant Ponti not only failed to show a valid reason to excuse his default but failed to...
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