Carney v. Gil

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered July 17, 2013, which denied defendant Kondaur Capital Corporation’s motion for a default judgment on its counterclaims, unanimously affirmed, without costs.

The motion court properly found plaintiffs’ excuse for their delay in replying to Kondaur’s counterclaims and their statement of merit sufficient (see e.g. Navarro v A. Trenkman Estate, Inc., 279 AD2d 257, 258 [1st Dept 2001]). That plaintiffs’ excuse was not as detailed as Kondaur wished does not alter our conclusion (see Mediavilla v Gurman, 272 AD2d 146, 148 [1st Dept…