Elkman v. Southgate Owners Corp.

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1997-10-23
Citations: 243 A.D.2d 356, 665 N.Y.S.2d 251, 1997 N.Y. App. Div. LEXIS 10302
Copy Citations
1 Citing Case
Lead Opinion

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about September 11, 1996, which denied third-party plaintiffs motion to enter a default judgment against third-party defendant, unanimously affirmed, with costs.

The court properly exercised its discretion in excusing third-party defendant Pisacane Midtown Corporation’s four month delay in serving an answer where there was an absence of prejudice, a reasonable excuse for the delay and a meritorious defense (Lucas v United Helpers Cedars Nursing Home, 239 AD2d 853; Shure v Westhampton Beach, 121 AD2d 887). Concur—Murphy, P. J., Nardelli, Williams and Colabella, JJ.