535 EAST 86TH STREET CORP. v. MARK


256 A.D.2d 188 (1998)

682 N.Y.S.2d 839

535 EAST 86TH STREET CORP., Respondent, v. FRANKLIN MARK et al., Appellants.

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

Decided December 22, 1998.


In view of the very short time period between the filing of the complaint and the entry of default, the absence of a formal motion to enter a default judgment, the ongoing settlement negotiations evincing defendants' interest in resolving the dispute, and the potential merit of a defense to the claim, and especially in view of our policy preference for resolving disputes on the merits, we grant defendants' motion as indicated, conditioned on defendants' payment of $500 to...

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