Rosenshein v. Ernstoff

— Order, Supreme Court, New York County (Elliott Wilk, J.), entered November 13, 1990, which denied plaintiff’s motion seeking leave to enter a judgment of default, unanimously modified, on the law, facts and in the exercise of discretion to the extent of extending plaintiff’s time in which to file a reply to the counterclaim for a period of thirty (30) days from the date of entry of this order, and otherwise affirmed, without costs.

Plaintiff argues that defendant failed to properly appear in this action because defendant’s attorney, who prepared the answer, endorsed the answer using the name…