Mason Builders of Orange County, Inc. v. Lambert

In an action, inter alia, to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated March 19, 2004, which denied their motion to vacate a judgment of the same court dated January 6, 2004, entered upon their default in appearing or answering, and to permit them to serve a notice of appearance.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is granted, the judgment is vacated, and the defendants’ time to serve their notice of appearance is extended until…