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MORNING LINE, INC. v. MORMILE BROS., INC.

71 A.D.2d 652 (1979)

Morning Line, Inc., et al., Appellants, v. Mormile Bros., Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 23, 1979

Order reversed, without costs or disbursements, plaintiffs' motion is granted and the default judgment is vacated.

Plaintiffs shall serve their reply within 20 days after entry of the order to be made hereon. The facts suggest an excusable default, not willfully incurred. Prejudice to defendant was minimal (see Moran v Rynar, 39 A.D.2d 718

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