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JONES v. MARLEY

167 A.D.2d 640 (1990)

Margarite Jones, Appellant, v. Joseph N. Marley et al., Respondents

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

November 8, 1990

Defendants satisfied the necessary requirements to justify the vacatur of the default judgment entered against them. The failure to serve a timely answer was not willful and the excuse given, that defendants' insurance company misplaced the file, was reasonable (see, Elgart v Raleigh Hotel Corp., 115 A.D.2d 165). Defendants also offered evidence in support of their claim of a meritorious defense. Given that the law favors...

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