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ALBANO v. NUS HOLDING CORP.

233 A.D.2d 280 (1996)

649 N.Y.S.2d 798

Carl Albano, Respondent, v. Nus Holding Corp., Appellant, et al., Defendant

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

November 4, 1996

Ordered that the order is reversed, as an exercise of discretion, with costs, and the plaintiff's motion for a default judgment is denied.

The appellant contends that the Supreme Court should have excused its failure to serve a timely answer because its submissions demonstrated the existence of a meritorious defense to the action. We agree. In view of the limited information contained in the plaintiff's complaint regarding...

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