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MILES v. BLUE LABEL TRUCKING, INC.

232 A.D.2d 382 (1996)

648 N.Y.S.2d 138

Allen Miles et al., Appellants, v. Blue Label Trucking, Inc., Respondent, et al., Defendant

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

October 7, 1996

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Blue Label Trucking, Inc., is denied.

A court may excuse a default in answering upon a showing of a meritorious defense and a justifiable excuse for the default (see, CPLR 5015 [a] [1]; Korea Exch. Bank v Attilio, 186 A.D.2d 634). Also, it is within the discretion of the trial court...

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