| Manne v Berkowits Sch. of Electrolysis, Inc. |
| 2018 NY Slip Op 06997 |
| Decided on October 18, 2018 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on October 18, 2018
Richter, J.P., Manzanet-Daniels, Kapnick, Kern, Moulton, JJ.
158800/16 7406NA 7406N
v
Berkowits School of Electrolysis, Inc., Defendant-Respondent.
The Law Office of Gregory A. Goodman, P.C., Jericho (Gregory A. Goodman of counsel), for appellant.
Marks, O'Neill, O'Brien, Doherty & Kelly, P.C., Elmsford (James M. Skelly of counsel), for respondent.
Orders, Supreme Court, New York County (Erika M. Edwards, J.), entered October 27, 2017, which denied plaintiff's motion for a default judgment, and granted defendant's order to show cause to deem its late answer timely filed, nunc pro tunc, unanimously affirmed, without costs.
Given that defendant asserted a reasonable excuse for its delay, namely, ongoing settlement negotiations between plaintiff and defendant's insurance carrier, the court exercised its discretion providently in denying the default judgment (see Zwicker v Emigrant Mtge. Co., Inc., 91 AD3d 443, 444 [1st Dept 2012]). Given the strong public policy favoring resolution of cases on their merits, the court properly accepted defendant's answer, deeming it timely filed nunc pro tunc (see Berardo v Guillet, 86 AD3d 459 [1st Dept 2011]).
We have examined plaintiff's remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: OCTOBER 18, 2018
CLERK