Legal Opinion
Parker v. I.E.S.I. N. Y. Corp.
Appellate Division of the Supreme Court of the State of New York
Decided January 25, 2001PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Anne Tar-gum, J.), entered on or about March 27, 2000, which denied plaintiff’s motion for a default judgment against defendant Schlegel and granted defendant’s cross motion, permitting him to serve an answer to the complaint, unanimously affirmed, without costs.
While defendant Schlegel, apparently through some oversight of his insurer, failed to timely answer the complaint, he had adequately established a meritorious defense. Further, plaintiff has failed to demonstrate that he suffered prejudice as the result of the delay. Since we have held that “[u]pon…
2Cases cited4 opinions
- Murphy v. D. V. Waste Control Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Barajas v. Toll Bros.Appellate Division of the Supreme Court of the State of New York · 1998
- Ganvey Merchandising Corp. v. Knudsen Elevator Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- Leary v. Pou Poune, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
3Cited by6 opinions
- Heskel's West 38th Street Corp. v. Gotham Construction Co. LLCAppellate Division of the Supreme Court of the State of New York · 2005
- Hayes v. R.S. Maher & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Rector v. BDG Gotham Residential, LLCAppellate Division of the Supreme Court of the State of New York · 2022
- Pagan v. Four Thirty Realty LLCAppellate Division of the Supreme Court of the State of New York · 2008
- Schwartz v. Port Imperial Ferry Corp.Appellate Division of the Supreme Court of the State of New York · 2021
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