PETERSON v. SCANDURRA TRUCKING CO., INC.


226 A.D.2d 691 (1996)

642 N.Y.S.2d 540

Andrew Peterson et al., Respondents, v. Scandurra Trucking Co., Inc., Appellant, et al., Defendants

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

April 29, 1996


Ordered that the order dated May 3, 1995, as amended, is reversed insofar as appealed from, as a matter of discretion, with costs, and the plaintiffs' motion to vacate their default is denied.

Under the circumstances of this case, we find that the Supreme Court improvidently exercised its discretion in granting the plaintiffs' motion to vacate their default. Our review of the record reveals that the proffered excuse of law office failure was not a reasonable excuse...

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