Ordered that the order is reversed, on the law and as an exercise of discretion, with costs, the motion is denied, and the order dated May 27, 2004, is reinstated.
The defendant's excuse for failing to appear in this action was that it believed that the plaintiffs' attorney had agreed to extend its time to answer until insurance coverage issues were resolved. The plaintiffs' attorney adamantly denied agreeing to such an extension, and asserted that when asked for...
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