Legal Opinion

Willis v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided October 26, 1989PublishedCited by 2 opinions

1Opinion of the Court

— Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered on or about June 17, 1988, which denied a motion by the plaintiff for a severance and for leave to enter a default judgment against defendant Daniel Gaugheran, and which permitted defendants to serve an amended answer nunc pro tunc, unanimously affirmed, without costs.

The court properly denied the motion to enter a default *290judgment and permitted the defendants to serve an amended answer. (See, Mufalli v Ford Motor Co., 105 AD2d 642.) The sufficiency of a statement of merit is ordinarily to be left to the discretion of the…

2Cases cited3 opinions

  1. FID. & DEPOSIT CO. OF MARYLAND v. Arthur Andersen & Co.New York Court of Appeals · 1983
  2. Mufalli v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 1984
  3. Shure v. Village of Westhampton Beach, Inc.Appellate Division of the Supreme Court of the State of New York · 1986

3Cited by2 opinions

  1. Vines v. Manhattan & Bronx Surface Transit Operating AuthorityAppellate Division of the Supreme Court of the State of New York · 1990
  2. Delgado v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997

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