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MANTIS v. GERSTENFELD

87 A.D.2d 573 (1982)

Alter W. Mantis, Appellant, v. Gary Gerstenfeld et al., Individually and Doing Business as Gerstenfeld, Harmer and Kogut, Respondents

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

March 1, 1982

Order reversed, on the law, without costs or disbursements, and motion denied.

Special Term abused its discretion in excusing defendants' default in appearing and granting them permission to serve a late answer and counterclaim, since the defendants did not offer a reasonable excuse for their delay (see Fischer v Town of Clarkstown, 86 A.D.2d 650; Bruno v Village of Port Chester, 77 A.D.2d 580

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