Theis v. Langworthy

Appellate Division of the Supreme Court of New York

Theis v. Langworthy

270 A.D.2d 954, 705 N.Y.S.2d 308, 2000 N.Y. App. Div. LEXIS 3456

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

DecidedMarch 29, 2000

StatusPublished

Cited by1 cases

This text of 270 A.D.2d 954 (Theis v. Langworthy) 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

Theis v. Langworthy, 270 A.D.2d 954, 705 N.Y.S.2d 308, 2000 N.Y. App. Div. LEXIS 3456 (N.Y. Ct. App. 2000).

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Opinion

—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied plaintiffs motion for a default judgment based on defendant’s delay in appearing in the action in response to plaintiffs summons with notice and properly granted defendant an extension of time to file a notice of appearance and demand for the complaint (see, CPLR 3012 [d]). Defendant provided a reasonable excuse for the brief delay and established a meritorious defense to the complaint, plaintiff was not prejudiced by the delay, and public policy favors the resolution of cases on their merits (see, Kaiser v Delaney, 255 AD2d 362; Cleary v East Syracuse-Minoa Cent. School Dist., 248 AD2d 1005; Pollack v Eskander, 191 AD2d 1022, 1023, appeal dismissed 81 NY2d 1067). (Appeal from Order of Supreme Court, Chautauqua County, Gerace, J. — Default Judgment.) Present — Pigott, Jr., P. J., Green, Wisner, Scudder and Kehoe, JJ.

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—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied plaintiffs motion for a default judgment based on defendant’s delay in appearing in the action in response to plaintiffs summons with notice and properly granted defendant an extension of time to file a notice of appearance and demand for the complaint (see, CPLR 3012 [d]). Defendant provided a reasonable excuse for the brief delay and established a meritorious defense to the complaint, plaintiff was not prejudiced by the delay, and public policy favors the resolution of cases on their merits (see, Kaiser v Delaney, 255 AD2d 362; Cleary v East Syracuse-Minoa Cent. School Dist., 248 AD2d 1005; Pollack v Eskander, 191 AD2d 1022, 1023, appeal dismissed 81 NY2d 1067). (Appeal from Order of Supreme Court, Chautauqua County, Gerace, J. — Default Judgment.) Present — Pigott, Jr., P. J., Green, Wisner, Scudder and Kehoe, JJ.

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Bluebook (online)

270 A.D.2d 954, 705 N.Y.S.2d 308, 2000 N.Y. App. Div. LEXIS 3456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/theis-v-langworthy-nyappdiv-2000.

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