Nasca v. Gertel

In an action, inter alia, to recover damages for fraud, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated December 19, 2002, which denied their motion for leave to enter a default judgment against the defendant Lucine Anzelone, also known as Lucine Goldman, upon her failure to timely serve an answer to the complaint, and deemed the answer served by that defendant timely.

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

The Supreme Court erred in denying the plaintiffs motion for leave to enter a default judgment…