Legal Opinion
Dusovic v. New Jersey Transit Bus Operations, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 1986PublishedCited by 5 opinions
1Opinion of the Court
*635Special Term acted properly in excusing the defendant’s default in serving its answer and extending the time in which the service of the answer could be completed by the defendant. The defendant had clearly indicated its intent to defend the action, the delay in serving the answer was brief and nondeliberate, and the plaintiff was not prejudiced by the delay (see, Pettinato v Sunscape At Bay Shore Home Owners Assn., 97 AD2d 434).
Moreover, the defendant has set forth (in its motion papers and proposed answer) a meritorious defense to the action. Specifically, the defendant contends that the…
2Cases cited5 opinions
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
- Gilberg v. BarbieriNew York Court of Appeals · 1981
- Parker v. BorockNew York Court of Appeals · 1959
- Pettinato v. Sunscape At Bay Shore Home Owners Ass'nAppellate Division of the Supreme Court of the State of New York · 1983
- Arizaga v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1983
3Cited by5 opinions
- 9281 Shore Road Owners Corp. v. Seminole Realty Co. (In Re 9281 Shore Road Owners Corp.)United States Bankruptcy Court, E.D. New York · 1997
- Hughes v. Gibson Courier Services Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Frybergh v. KouffmanAppellate Division of the Supreme Court of the State of New York · 1988
- City of New York v. DuncanAppellate Division of the Supreme Court of the State of New York · 1993
- Zachry v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1990