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HITTER v. RUBIN

208 A.D.2d 480 (1994)

617 N.Y.S.2d 730

Celia Hitter, Appellant, v. Burton R. Rubin et al., Respondents

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

October 27, 1994

Given that the delay in serving an answer to the complaint was only 5 days and that plaintiff alleges no prejudice from the delay, as well as the Rubin defendants' showing of a potentially meritorious defense to the complaint, vacatur of their default was proper (see, Shure v Village of Westhampton Beach, 121 A.D.2d 887).

The IAS Court also properly granted the cross motion...

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