EBRAHIMIAN v. CHAMPION LEATHER CORP.


73 A.D.2d 883 (1980)

Moosa Ebrahimian, Respondent, v. Champion Leather Corp., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 22, 1980


While defendant's affidavit of merits leaves much to be desired, the default arises from service of an answer two days late. We are reluctant to deprive defendant of its opportunity to defend the case and to impose so severe a penalty as a default judgment for $34,576 for so minor a default. On the other hand, particularly in view of the conclusory nature of the showing of merits by defendant, some sanction for the default is appropriate. Our present determination is no indication...

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