Lynn & Cahill, LLP v. Witkin

101 A.D.3d 515, 954 N.Y.2d 879

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 13, 2012
• Status: Published

Opinion

In response to plaintiffs motion for a default judgment, defendant failed to provide a reasonable excuse for failing to file an answer (see e.g. Toure v Harrison, 6 AD3d 270, 271 [1st Dept 2004]). Rather, the record suggests that defendant’s inaction constituted a tactical decision on the part of herself and counsel. Nor did defendant demonstrate a meritorious defense to the action.

We have considered defendant’s remaining contentions and find them unavailing. Concur — Tom, J.P., Sweeny, Moskowitz, Renwick and Clark, JJ.