Amanfo v. Olivo

—Order, Supreme Court, Bronx County (Anne Targum, J.), entered June 20,1995, which denied *240plaintiff’s motion for a default judgment, and granted defendants’ cross motion to compel plaintiff to accept their answer, affirmed, without costs.

Defendants’ attorney established a meritorious defense, namely, the possible absence of a serious injury under Insurance Law § 5102 that, given a short delay that caused no prejudice, was sufficiently compelling. Concur — Murphy, P. J., Rosenberger, Rubin and Mazzarelli, JJ.

I respectfully dissent and vote to reverse the IAS Court and grant plaintiff’s motion…