San Clemente v. Hercules NY Advertising, Inc.

Appellate Division of the Supreme Court of New York

San Clemente v. Hercules NY Advertising, Inc.

290 A.D.2d 263, 735 N.Y.S.2d 767, 2002 N.Y. App. Div. LEXIS 127

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 10, 2002

StatusPublished

This text of 290 A.D.2d 263 (San Clemente v. Hercules NY Advertising, Inc.) 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

San Clemente v. Hercules NY Advertising, Inc., 290 A.D.2d 263, 735 N.Y.S.2d 767, 2002 N.Y. App. Div. LEXIS 127 (N.Y. Ct. App. 2002).

Pincite

Opinion

Order, Supreme Court, New York County (Milton Tingling, J.), entered May 10, 2001, which denied plaintiff’s motion for a default judgment, unanimously reversed, on the law and the facts, without costs, unless defendants pay plaintiff $100 within 30 days of service of a copy of this order with notice of entry, in which event the order is affirmed, without costs.

A default judgment is unwarranted in view of the lack of prejudice to plaintiff, defendants’ showing of a meritorious defense and the short delay in serving an answer. However, we impose a penalty of $100 in view of defendants’ weak showing with respect to the cause of delay. Concur — Nardelli, J.P., Andidas, Saxe, Sullivan and Rubin, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (Milton Tingling, J.), entered May 10, 2001, which denied plaintiff’s motion for a default judgment, unanimously reversed, on the law and the facts, without costs, unless defendants pay plaintiff $100 within 30 days of service of a copy of this order with notice of entry, in which event the order is affirmed, without costs.

A default judgment is unwarranted in view of the lack of prejudice to plaintiff, defendants’ showing of a meritorious defense and the short delay in serving an answer. However, we impose a penalty of $100 in view of defendants’ weak showing with respect to the cause of delay. Concur — Nardelli, J.P., Andidas, Saxe, Sullivan and Rubin, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

290 A.D.2d 263, 735 N.Y.S.2d 767, 2002 N.Y. App. Div. LEXIS 127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/san-clemente-v-hercules-ny-advertising-inc-nyappdiv-2002.