Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court providently exercised its discretion in denying the plaintiff's motion for leave to enter judgment on the issue of liability against the defendant Stasi Brothers Asphalt Corporation (hereinafter the defendant), upon its default in appearing or answering the complaint. Considering the lack of any prejudice to the plaintiff as a result of the defendant's relatively short delay...
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