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EVANS v. COUNTY OF NASSAU

240 A.D.2d 363 (1997)

657 N.Y.S.2d 778

Malcolm T. Evans, an Infant, by His Mother and Natural Guardian, Shirley Hankins, et al., Respondents, v. County of Nassau et al., Appellants

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

June 2, 1997

Ordered that the order is affirmed, with costs.

Contrary to the defendants' contention, the failure to fully comply with an order of preclusion may be excused where, inter alia, the defaulting party proffers a reasonable excuse for its neglect, shows the existence of a meritorious cause of action and its intention to prosecute the action, and there is an absence of prejudice to the opposing party (see, Richardson v Martorano,

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