BRITVAN v. SUTTON & EDWARDS, INC.


226 A.D.2d 491 (1996)

641 N.Y.S.2d 109

Jack Britvan, Appellant, v. Sutton & Edwards, Inc., et al., Defendants, and Herbert Agin, Respondent

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

April 15, 1996


Ordered that the order is affirmed, with costs.

When determining the plaintiff's application for leave to enter a default judgment against the defendant Herbert Agin and Agin's subsequent motion to reargue the plaintiff's application, the Supreme Court did not consider whether Agin's delay in answering was excusable and whether Agin had a meritorious defense to this action because, on both occasions, Agin failed to submit an affidavit of merit containing a justifiable...

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