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Elkman v. Southgate Owners Corp.

243 A.D.2d 356, 665 N.Y.S.2d 251, 1997 N.Y. App. Div. LEXIS 10302
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 23, 1997
StatusPublished
Cited by2 cases

This text of 243 A.D.2d 356 (Elkman v. Southgate Owners Corp.) 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.

Bluebook
Elkman v. Southgate Owners Corp., 243 A.D.2d 356, 665 N.Y.S.2d 251, 1997 N.Y. App. Div. LEXIS 10302 (N.Y. Ct. App. 1997).

Opinion

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about September 11, 1996, which denied third-party plaintiffs motion to enter a default judgment against third-party defendant, unanimously affirmed, with costs.

The court properly exercised its discretion in excusing third-party defendant Pisacane Midtown Corporation’s four month delay in serving an answer where there was an absence of prejudice, a reasonable excuse for the delay and a meritorious defense (Lucas v United Helpers Cedars Nursing Home, 239 AD2d 853; Shure v Westhampton Beach, 121 AD2d 887). Concur—Murphy, P. J., Nardelli, Williams and Colabella, JJ.

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Bluebook (online)
243 A.D.2d 356, 665 N.Y.S.2d 251, 1997 N.Y. App. Div. LEXIS 10302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elkman-v-southgate-owners-corp-nyappdiv-1997.