¶1The Supreme Court did not improvidently exercise its discretion in vacating the plaintiffs’ default upon determining that the affidavit of merit submitted by the plaintiffs was sufficient (see, Fidelity & Deposit Co. v Andersen & Co., 60 NY2d 693, 695). Bracken, J. P., Miller, Joy, Hart and Krausman, JJ., concur.
228 A.D.2d 402
Blecher v. Ackerman
Appellate Division of the Supreme Court of the State of New York
Decided June 3, 1996
Appellate Division of the Supreme Court of the State of New York · decided 1996-06-03
Decided 1996-06-03