MATTER OF DANIEL SHAKESPEARE CO. v. INCORPORATED VILLAGE OF HEMPSTEAD


275 A.D.2d 370 (2000)

712 N.Y.S.2d 416

In the Matter of DANIEL SHAKESPEARE CO., Respondent, v. INCORPORATED VILLAGE OF HEMPSTEAD, Appellant.

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

Decided August 14, 2000.


Ordered that the order and judgment is reversed, on the law, with costs, the motion is granted, the default is vacated, and the matter is remitted to the Supreme Court, Nassau County, for a new trial on the issue of damages.

The Supreme Court erred in denying the motion of the Incorporated Village of Hempstead to vacate its default, as it demonstrated both a reasonable excuse for its default and the existence of a meritorious defense (see, A & J Concrete Corp...

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