DiIORIO v. ANTONELLI


240 A.D.2d 537 (1997)

658 N.Y.S.2d 453

John DiIorio, Appellant, v. Frances Antonelli, Respondent

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

June 16, 1997


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in denying the plaintiff's motion pursuant to CPLR 3215 for leave to enter a judgment upon the defendant's default in answering upon the condition that the defendant serve an affidavit of a meritorious defense, since the defendant offered a reasonable excuse for her delay in ultimately serving an answer (see, Silberstein v Presbyterian...

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