Goracy v. Burns, Brooks & McNeil
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order, Supreme Court, New York County (Harold Baer, Jr., J.), entered on or about December 21, 1988, granting defendants’ motion for permission to serve late answers and denying a cross motion by the plaintiff for leave to enter default judgments, unanimously affirmed, with costs and with disbursements.
The court properly denied the motion for leave to enter default judgments and permitted the defendants to serve an answer. (See, Ching v Ching, 125 AD2d 934; CPLR 3012 [d].)
*257The short delay in serving the answer, the reasonable excuse offered for the delay and the court’s inherent power in the…
2Cases cited2 opinions
- Ching v. ChingAppellate Division of the Supreme Court of the State of New York · 1986
- In re the Estate of MentoAppellate Division of the Supreme Court of the State of New York · 1969
3Cited by4 opinions
- Cleary v. East Syracuse-Minoa Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1998
- People v. VegaAppellate Division of the Supreme Court of the State of New York · 1991
- American Security Insurance v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1991
- Humphrey v. WIXT News Ch. 9Appellate Division of the Supreme Court of the State of New York · 2004