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GRAY v. B.R. TRUCKING CO.

59 N.Y.2d 649 (1983)

Leonard Gray et al., Appellants-Respondents, v. B. R. Trucking Co., Respondent-Appellant.

Court of Appeals of the State of New York.

Decided April 28, 1983.

Attorney(s) appearing for the Case

David Greifer and Morton Alpert for appellants-respondents.

Steven Kent for respondent-appellant.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur in memorandum.

MEMORANDUM.

On plaintiffs' appeal the order of the Appellate Division should be reversed, defendant's motion to vacate the default denied and the certified question answered in the affirmative. In view of this disposition made on plaintiffs' appeal, defendant's cross appeal should be dismissed as academic.

Defendant's moving papers fail to demonstrate an acceptable excuse for its delay in appearing and answering...

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