SPENCER v. SANKO HOLDING USA, INC.


247 A.D.2d 532 (1998)

669 N.Y.S.2d 298

Ruth Spencer, Appellant, v. Sanko Holding USA, Inc., Respondent

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

February 17, 1998


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the cross motion is granted.

As a general rule, a default will be vacated and a late answer will be permitted and deemed timely served when a defendant can show that there is some merit to his defense and that there is some reasonable excuse for the delay (see, Levy v Cusumano, 204 A.D.2d 519; McFadden v Battaglia, ...

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