PETER GISONDI & CO., INC. v. EVANS DEV. CORP.


131 A.D.2d 651 (1987)

Peter Gisondi & Co., Inc., Appellant, v. Evans Development Corporation, Respondent

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

June 15, 1987


Ordered that the order is affirmed, with costs.

Due to certain confusion surrounding the ad damnum clause and an alleged representation by the plaintiff's counsel that an amended complaint would be served, the defendant took no further action in this matter prior to the entry of a default judgment against it. Under the circumstances and in view of the absence of prejudice to the plaintiff, the meritorious nature of the defense, the lack of willfulness on the defendant...

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