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KRYSTOFIC v. RAPISARDI

112 A.D.2d 196 (1985)

Marion Krystofic et al., Respondents, v. Carmela Rapisardi et al., Appellants, et al., Defendant

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

July 8, 1985

Order affirmed, insofar as appealed from, with costs.

Special Term did not abuse its discretion in finding an excusable default and a meritorious claim on these facts. The delay here was due to a misunderstanding in adjourning appellants' motion for summary judgment and a difficulty in obtaining medical evidence. Public policy favors a determination on the merits (Stark v Marine Power & Light Co.,

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