SEASHELLS, INC. v. BRIDGE ART PRODS., INC.


172 A.D.2d 353 (1991)

Seashells, Inc., Appellant, v. Bridge Art Productions, Inc., et al., Respondents, et al., Defendants

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

April 23, 1991


The IAS Court was not precluded from exercising its discretion to vacate defendants' default in answering plaintiff's motion for summary judgment and restoring the matter to the motion calendar as here, where the default was inadvertently occasioned by confusion generated by the substitution of attorneys. The papers supporting defendants' motion to vacate the default were sufficient to make a prima facie showing of legal merit (Picotte Realty v Aragona,

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