Andrea Raab Corp. v. Goodman Chemical New York Corp.

In a breach of warranty action to recover damages for merchandise alleged to be unfit for the purpose for which it was sold, defendant appeals from an order of the Supreme Court, Kings County, dated April 21, 1972, which denied its motion to vacate its default in answering the complaint and permit it to interpose an answer. Order reversed, without costs, in the interests of justice and in the exercise of discretion, and motion granted, upon condition that appellant pay $100 costs to respondent at or before the time appellant serves its answer to the complaint. Appellant’s time to serve its…