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222 FIRST AVE. REALTY, INC. v. VIJAX FUEL OIL CORP.

213 A.D.2d 238 (1995)

623 N.Y.S.2d 250

222 First Avenue Realty, Inc., et al., Plaintiffs, and 220 First Avenue Realty, Inc., Respondent, v. Vijax Fuel Oil Corporation et al., Defendants, and Victor Caricone, Appellant

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

March 14, 1995

The Special Referee's finding that service was properly made on appellant turned largely on the credibility of witnesses and has support in the record. That the various parties were pursuing their interests in the Federal action involving the same issues was "sufficient cause" for plaintiff's delay for more than a year in moving for a default judgment (CPLR 3215 [c]; cf., Ingenito v Grumman Corp., 192 A.D.2d 509, 510-511)...

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