Legal Opinion
Giha v. Giannos Enterprises, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 5, 2010PublishedCited by 10 opinions
1Opinion of the Court
*565The Supreme Court providently exercised its discretion in denying the plaintiffs motion for leave to enter a default judgment against the defendant Giannos Enterprises, Inc. (hereinafter the defendant). Considering the lack of any prejudice to the plaintiff as a result of the defendant’s relatively short delay in answering, the existence of a potentially meritorious defense, and the public policy favoring the resolution of cases on the merits, we agree with the Supreme Court that, as an exercise of discretion, the defendant’s delay in answering was properly excused (see Schonfeld v Blue &…
2Cases cited3 opinions
- Schonfeld v. Blue & White Food Products Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Trimble v. SAS Taxi Co.Appellate Division of the Supreme Court of the State of New York · 2004
- Yonkers Rib House, Inc. v. 1789 Central Park Corp.Appellate Division of the Supreme Court of the State of New York · 2005
3Cited by10 opinions
- Siskin v. CassarAppellate Division of the Supreme Court of the State of New York · 2014
- Zanelli v. JMM Raceway, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Chakmakian v. MaroneyAppellate Division of the Supreme Court of the State of New York · 2010
- Matter of Tsoukas v. TsoukasAppellate Division of the Supreme Court of the State of New York · 2015
- Siwiec v. RawlinsAppellate Division of the Supreme Court of the State of New York · 2013
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