Citing the lack of “willfulness by the defendant” and the “strong public policy in favor of resolving cases on the merits,” a state appeals court has vacated a default judgment against a builder company that failed to answer a lawsuit brought against it by a concert and theater complex owner.

The Appellate Division, Second Department court has ruled that the builder company, Urban Green Equities LLC, “established a reasonable excuse for its default” in the action, and it can proceed in defending against the contract-based suit lodged by 6 Crannell Street LLC, which owns “The Chance” concert and theater complex in downtown Poughkeepsie, New York, according to the appellate opinion and online information about 6 Crannell Street.

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