Legal Opinion

Bergida v. Wassen

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

Decided October 29, 1992PublishedCited by 1 opinion

1Opinion of the Court

— Order, Supreme Court, New York County (Charles E. Ramos, J.), entered October 18, 1991, which denied plaintiffs motion pursuant to CPLR 3215 (a) for an order directing entry of a default judgment and an assessment, and granted defendant’s cross-motion pursuant to CPLR 3012 (d) compelling plaintiff to accept late service of his answer upon payment of $250 by defendant individually to plaintiffs attorney, unanimously affirmed, without costs.

Defendant offered both a reasonable excuse for his delay in serving his answer and a meritorious defense to the action (see, Pokoik v Gittens, 171 AD2d…

2Cases cited3 opinions

  1. Pokoik v. GittensAppellate Division of the Supreme Court of the State of New York · 1991
  2. Bermudez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1964
  3. Meyer v. RoseAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by1 opinion

  1. Genen v. McElroyAppellate Division of the Supreme Court of the State of New York · 1995

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