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LANDAU v. FLEET CALL, INC.

210 A.D.2d 156 (1994)

621 N.Y.S.2d 853

Eric Landau, Respondent, v. Fleet Call, Inc., et al., Appellants

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

December 20, 1994

We find that plaintiff's attorney's failure to serve a timely answer to defendants' counterclaims was due to his mistaken belief that a reply had already been served, that the brief delay caused defendants no prejudice, and that the affidavit of plaintiff's attorney was adequate for purposes of showing a meritorious defense (see, Epstein v Lenox Hill Hosp., 108 A.D.2d 616, 617, amended 114 A.D.2d 824...

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