LAFATA v. BRODER


162 A.D.2d 250 (1990)

Vito Lafata, Respondent, v. Steven Broder, Doing Business as Lafata Broder & Co., Appellant, et al., Defendant

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

June 14, 1990


The defendants' notice of motion is dated June 23, 1989, only one day beyond the June 22, 1989 date extended to plaintiff to reply to the counterclaims asserted by defendants. Counsel for plaintiff, having affirmed the fact of her contemporaneous hospitalization and inability to work during the period of extension, has set forth a meritorious excuse for the default. Accordingly, it was not an abuse of discretion for the IAS court to deny defendants' motion for a default judgment...

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