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MONROE v. CRABTREE FORD, INC.

137 A.D.2d 747 (1988)

Donald D. Monroe, Appellant, v. Crabtree Ford, Inc., Respondent, et al., Defendant

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

February 22, 1988

Ordered that the order is affirmed, with costs.

The plaintiff commenced the instant action on or about May 22, 1986. Crabtree failed to answer, and it was not until December 1986 that Crabtree, upon becoming aware of its default, brought its motion, inter alia, to be relieved of its default.

CPLR 2005 authorizes the court to vacate defaults arising from law office failure. In exercising its discretion, the...

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