KAPSIS v. PERAGINE


8 A.D.3d 446 (2004)

778 N.Y.S.2d 296

JAMES L. KAPSIS, Respondent, v. MICHAEL S. PERAGINE et al., Appellants.

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

June 14, 2004.


Ordered that the order dated April 15, 2003, is reversed insofar as appealed from, on the facts and as a matter of discretion, with costs, and upon reargument, the defendants' motion is granted unconditionally.

Under the totality of the circumstances, including, inter alia, the very brief delay on the part of the defendants before the plaintiff moved for a default judgment and the minimal culpability on the part of the defendants, it was an improvident exercise of...

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