SILBERSTEIN v. PROD. FASHIONS, LTD.


137 A.D.2d 805 (1988)

Shraga Silberstein, Respondent, v. Production Fashions, Ltd., et al., Appellants

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

February 29, 1988


Ordered that the order is affirmed, with costs.

The plaintiff's motion to vacate his default in answering defendants' counterclaims was properly granted. The plaintiff showed a meritorious defense, excusable neglect and an intent to defend the allegations against him. Moreover, the defendants failed to demonstrate that they were prejudiced by the delay which was of relatively short duration. Given these factors, the court was justified in exercising its discretion...

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