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BERGIDA v. WASSEN

186 A.D.2d 522 (1992)

Jeffrey R. Bergida, Appellant, v. Jeffrey P. Wassen, Respondent

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

October 29, 1992

Defendant offered both a reasonable excuse for his delay in serving his answer and a meritorious defense to the action (see, Pokoik v Gittens, 171 A.D.2d 470). It is evident that defendant's default was not deliberate, and that he moved promptly to vacate the alleged default. Further, the delay in answering did not prejudice plaintiff (see, Bermudez v City of New York, 22 A.D.2d 865

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