Bernard v. City of New York

Appellate Division of the Supreme Court of New York

Bernard v. City of New York

217 A.D.2d 419, 629 N.Y.S.2d 40, 1995 N.Y. App. Div. LEXIS 7626

Appellate Division of the Supreme Court of the State of New York·Decided July 6, 1995·Published·Cited by 1 cases

Opinion

Order, Supreme Court, New York County (Salvador Collazo, J.), entered January 30, 1995, which granted third-party plaintiff’s motion for default judgment against third-party defendant, and denied third-party defendant’s cross motion for an extension of time to answer, unanimously affirmed, without costs.

Third-party defendant was properly held in default for failure to demonstrate both that its defense had merit by the affidavit of someone with knowledge of the facts and a reasonable excuse for the delay (Stellato v Petrillo, 95 AD2d 704). Concur— Sullivan, J. P., Rosenberger, Ross, Asch and Tom, JJ.

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Order, Supreme Court, New York County (Salvador Collazo, J.), entered January 30, 1995, which granted third-party plaintiff’s motion for default judgment against third-party defendant, and denied third-party defendant’s cross motion for an extension of time to answer, unanimously affirmed, without costs.

Third-party defendant was properly held in default for failure to demonstrate both that its defense had merit by the affidavit of someone with knowledge of the facts and a reasonable excuse for the delay (Stellato v Petrillo, 95 AD2d 704). Concur— Sullivan, J. P., Rosenberger, Ross, Asch and Tom, JJ.

Bernard v. City of New York, 217 A.D.2d 419, 629 N.Y.S.2d 40, 1995 N.Y. App. Div. LEXIS 7626 (N.Y. Ct. App. 1995).

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217 A.D.2d 419 (Bernard v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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