A Default and Default Judgment were entered on December 19, 2000. Defendant moves before this Court for an order vacating the default judgment and for leave to file an Answer out of time.
Defendant asserts that it has good cause to set aside the default judgment.
Counsel certifies that Mr. Champi had just returned from an overseas business trip that had lasted for several weeks and contacted counsel immediately upon his return. Mr. Champi informed counsel that the Complaint was served upon Point Construction while he was away. Counsel for Defendant certifies that he immediately prepared an Answer to the Complaint and sent such for filing on December 7, 2000. Defendant Point Construction contends that it has a meritorious defense to the Complaint in this case and should not be precluded from mounting a defense because of an inadvertent error and other circumstances beyond its control. Defense counsel certifies that this motion is not made for the purpose of delay the resolution of this case and submits that Plaintiff will not be prejudiced by having the default vacated.