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SHURE v. VILL. OF WESTHAMPTON BEACH, INC.

121 A.D.2d 887 (1986)

Louis Shure et al., Respondents, v. Village of Westhampton Beach, Inc., Appellant

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

July 3, 1986

Defendant's motion should properly have been treated as a motion to renew, rather than to reargue, since it was based upon the additional matters set forth in the affidavit of merit. In that regard, Special Term should have granted the motion to renew and, upon renewal, granted the request to vacate the default judgment. Defendant's delay in interposing an answer was relatively short (14 days); there was a reasonable excuse offered...

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