Ellis v. Jackson

267 A.D.2d 20, 698 N.Y.S.2d 492, 1999 N.Y. App. Div. LEXIS 12405

Opinion

—Order, Supreme Court, Bronx County (Michael DeMarco, J.), entered on or about December 17, 1998, which denied plaintiffs motion for a default judgment, vacated defendant’s default and deemed defendant’s answer timely served, unanimously affirmed, with costs.

Defendant’s delay in answering was brief and defendant’s excuse for the default was reasonable (see, Elgart v Raleigh Hotel Corp., 115 AD2d 165, 166). In addition, defendant’s verified answer, served upon and rejected by plaintiff as untimely, and thereafter submitted in opposition to plaintiff’s motion for a default judgment, sets forth denials and asserts affirmative defenses sufficient to establish the existence of a meritorious defense (see, supra; Elliot v James, 97 AD2d 428, 429). Concur — Sullivan, J. P., Williams, Wallach, Lerner and Saxe, JJ.