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BARBERENA v. BUDD ENTERPRISES, LTD.

299 A.D.2d 305 (2002)

749 N.Y.S.2d 147

FIDEL BARBERENA, Appellant, v. BUDD ENTERPRISES, LTD., et al., Respondents, et al., Defendant.

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

Decided November 4, 2002.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the cross motion is denied, and the matter is remitted to the Supreme Court, Kings County, for an inquest on the issue of damages.

A court may excuse a default in answering upon a showing of a meritorious defense and a justifiable excuse (see CPLR 5015 [a]; Miles v Blue Label Trucking, 232 A.D.2d 382). In this rear-end collision case...

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