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PETROLEUM CONSTR. CO., INC. v. QUEENS STRUCTURE CORP.

90 A.D.2d 756 (1982)

Petroleum Construction Co., Inc., Respondent, v. Queens Structure Corp. et al., Appellants, et al., Defendant

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

November 30, 1982

We are convinced that plaintiff has set forth appropriate grounds, indicating a reasonable excuse for the default and a showing of merit to its claim (see, for example, Barasch v Micucci, 49 N.Y.2d 594) to warrant the vacatur of its unintended default. However, under the facts of this case, it was inappropriate to assess costs against the outgoing attorney. Rather, this payment should have been levied against the corporate plaintiff...

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