BENJAMIN ELEC. ENG'G WORKS, INC. v. A-J CONTRACTING CO., INC.


214 A.D.2d 339 (1995)

626 N.Y.S.2d 439

Benjamin Electrical Engineering Works, Inc., Respondent, v. A-J Contracting Co., Inc., Appellant

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

April 6, 1995


The IAS Court could properly consider plaintiff's motion to reargue and renew as one to vacate the default judgment against it pursuant to CPLR 2001, plaintiff having showed that its failure to oppose the motion for summary judgment was inadvertent and resulted in only a slight delay that caused no prejudice, and that its claims against defendant are meritorious. In particular, issues exist whether defendant, which as prime contractor, cannot be held liable for delays caused...

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