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MORAN v. HARTING

276 A.D.2d 758 (2000)

715 N.Y.S.2d 153

JOHN T. MORAN et al., Appellants, v. RAYMOND J. HARTING et al., Respondents.

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

Decided October 30, 2000.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings.

Contrary to the Supreme Court's conclusion, the plaintiffs' motion was not premature. Moreover, the plaintiffs offered a reasonable excuse for their default and a meritorious defense to the defendants' counterclaim (see, Roussodimou v Zafiriadis, 238 A.D.2d 568

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