Landau v. Fleet Call, Inc.

—Order, Supreme Court, New York County (Myriam Altman, J.), entered October 21, 1993, which granted defendants’ motion for a default judgment unless plaintiff served a verified reply to defendants’ counterclaims within 10 days, unanimously affirmed, with costs.

We find that plaintiff’s attorney’s failure to serve a timely answer to defendants’ counterclaims was due to his mistaken belief that a reply had already been served, that the brief delay caused defendants no prejudice, and that the affidavit of plaintiff’s attorney was adequate for purposes of showing a meritorious defense (see,…