Thomas v. Callahan

—Order unanimously reversed on the law without costs, motion granted and default judgment vacated in accordance with the following Memorandum: Under the circumstances of this case, it was an abuse of discretion for Supreme Court to deny the motion of DeJac and Babcock Bar and Grill (defendants) seeking vacatur of the default judgment entered against them. DeJac, the sole proprietor and owner of Babcock Bar and Grill, contacted plaintiff’s counsel by letter 13 days following service of the summons and complaint. Although that letter did not constitute an answer, it is clear that it was an…