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AGWAY PETROLEUM CORP. v. PECK

115 A.D.2d 577 (1985)

Agway Petroleum Corporation, Appellant, v. James J. Peck et al., Respondents

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

December 16, 1985

Order reversed insofar as appealed from, on the law, with costs, defendants' motion denied in its entirety, the default judgment, which awarded plaintiff the sum of $265,458.64, reinstated, and the amended verified answer stricken.

While CPLR 2005 now allows delay or default due to law office failure to be excused, it does not alter the requirement that in order to prevail on an application to vacate a default judgment,...

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