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BERGEN v. 791 PARK AVE. CORP.

162 A.D.2d 330 (1990)

Polly Bergen, Appellant, v. 791 Park Avenue Corporation, Respondent

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

June 26, 1990

Plaintiff conceded below that defendant's default was inadvertent and excusable. The sole issue remaining was whether defendant had a meritorious defense. Plaintiff's argument below and on appeal is specifically addressed to the merits of the lawsuit, and invites the court to conduct an evaluation thereof. However, such an inquiry is premature at this juncture. It is not necessary for defendant to prove its defense, but only to...

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