Legal Opinion

Yea Soon Chung v. Mid Queens LP

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

Decided May 12, 2016No. 1131 153135/14PublishedCited by 6 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Ellen M. Coin, J.), entered December 18, 2014, which denied plaintiffs’ motion for entry of a default judgment against defendant, and granted defendant’s cross motion for an order compelling plaintiffs to accept the answer, unanimously affirmed, without costs.

The motion court’s denial of plaintiff’s motion for entry of a default judgment was a provident exercise of discretion. Defendant’s excuse for its delay in answering, based on law office failure, while “not particularly compelling,” was sufficient to show good cause for the delay (see Marine v…

2Cases cited3 opinions

  1. Jones v. 414 Equities LLCAppellate Division of the Supreme Court of the State of New York · 2008
  2. New Media Holding Co. v. KagalovskyAppellate Division of the Supreme Court of the State of New York · 2012
  3. M&E 73-75 LLC v. 57 Fusion LLCAppellate Division of the Supreme Court of the State of New York · 2014

3Cited by6 opinions

  1. Lynch v. City of New YorkNew York Supreme Court · 2017
  2. Genao v. Salcedo Maintenance Corp.Appellate Division of the Supreme Court of the State of New York · 2019
  3. Kalaba v. Macy's, Inc.Appellate Division of the Supreme Court of the State of New York · 2019
  4. Naber Elec. v. Triton Structural Concrete, Inc.Appellate Division of the Supreme Court of the State of New York · 2018
  5. Newyear v. Beth Abraham Nursing HomeAppellate Division of the Supreme Court of the State of New York · 2018

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