Order unanimously reversed, with costs, and matter remitted to Supreme Court, Ontario County, for further proceedings, in accordance with the following memorandum: Defendant's motion to vacate a default judgment entered June 30, 1982 based on excusable neglect, fraud and misrepresentation (CPLR 5015, subd [a], pars 1, 3) was denied by Special Term because defendant established "nothing more than law office failure which clearly is no reason for granting the motion to vacate...
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