LUCAS v. UNITED HELPERS CEDARS NURSING HOME


239 A.D.2d 853 (1997)

657 N.Y.S.2d 519

Mary Lucas, Appellant, v. United Helpers Cedars Nursing Home, Respondent

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

May 22, 1997


Mikoll, J. P.

The discrete issue here is whether Supreme Court abused its discretion in opening a default judgment. There is a judicial preference to decide cases on their merits. Courts have broad discretion to grant relief from defaults provided the moving party furnishes an affidavit of merit, the delay was neither willful, lengthy nor prejudicial, and the lost or misplaced mail can suffice as reasonable justification for a pleading delay (see generally...

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