Bernard v. City of New York
This text of 217 A.D.2d 419 (Bernard v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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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Cite This Page — Counsel Stack
217 A.D.2d 419, 629 N.Y.S.2d 40, 1995 N.Y. App. Div. LEXIS 7626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bernard-v-city-of-new-york-nyappdiv-1995.