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SEVEN ACRE WOOD STREET ASSOCIATES, INC. v. ENGINEERING

3 A.D.3d 396 (2004)

769 N.Y.S.2d 902

SEVEN ACRE WOOD STREET ASSOCIATES, INC., Respondent, v. PETRUCCELLI ENGINEERING et al., Appellants.

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

January 15, 2004.

Inasmuch as plaintiff demonstrated a meritorious cause of action and a reasonable excuse for its default in timely complying with the discovery directives in the subject order of preclusion, plaintiff's cross motion to vacate the self-executing preclusion order was properly granted (see CPLR 5015 [a] [1]; Fernandez v Tsoumpas Bros. Co., 140 A.D.2d 257 [1988]; cf. Clarke v United...

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