Recently, a new section 2005 of the CPLR was adopted which authorizes courts to exercise discretion in order to vacate a default judgment entered against a defendant for failure to file an answer due to law office failure. The statute was expressly made applicable to pending actions or proceedings. In the instant matter, the delay involved was relatively short (34 days), defendant possesses an arguably meritorious defense, plaintiff has not demonstrated any prejudice, and...
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