Johnson v. Gumer

) Order unanimously affirmed, with costs. Memorandum: Special Term did not abuse its discretion in denying plaintiffs’ motion for a default judgment even though defendant’s answer was served 17 days late and one day after plaintiffs moved for a default judgment. Within 20 days after the service of the complaint, defendant moved to dismiss the complaint on the ground that the action was barred by the Statute of Limitations. The motion was denied and the defendant was given 10 days after the service of the order to serve his answer. Defendant appealed from the order denying the motion, and in…