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  5. 67 N.Y.2d 138 (1986)
 

DI LORENZO INC v. DUTTON LBR

67 N.Y.2d 138 (1986)

Eugene Di Lorenzo, Inc., Respondent, v. A. C. Dutton Lumber Co., Inc., Also Known as A. C. Dutton Lumber Company, Defendant, and Phil-Mar Lumber Corporation, Appellant.

Court of Appeals of the State of New York.

Decided March 27, 1986.

Attorney(s) appearing for the Case

J. Scott Greer and Lou Lewis for appellant.

Peter Case Graham for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur in Per Curiam opinion.

Per Curiam.

The issue on this appeal is whether the trial court abused its discretion as a matter of law in granting defendant Phil-Mar Lumber Corporation's motion to vacate a default judgment entered against it. We conclude that it did not, and remit the case to the Appellate Division for the exercise of discretion by that court.

Plaintiff brought a breach of contract action in Supreme Court against Phil-Mar Lumber...

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