Elkman v. Southgate Owners Corp.

Appellate Division of the Supreme Court of New York

Elkman v. Southgate Owners Corp.

243 A.D.2d 356, 665 N.Y.S.2d 251, 1997 N.Y. App. Div. LEXIS 10302

Appellate Division of the Supreme Court of the State of New York·Decided October 23, 1997·Published·Cited by 2 cases

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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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.

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).

Pincite

243 A.D.2d 356 (Elkman v. Southgate Owners Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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