PALERMO v. RODRIGUEZ


255 A.D.2d 567 (1998)

682 N.Y.S.2d 602

Ramon Palermo, Appellant, v. Ivan Rodriguez, Respondent

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

November 30, 1998


Ordered that the order is reversed, as a matter of discretion, with costs, and the plaintiff's motion is granted.

The Supreme Court improvidently exercised its discretion in denying the plaintiff's motion for leave to enter a judgment against the defendant for failing to answer or appear in this action. In opposition to the motion, the defendant failed to proffer a reasonable excuse for the delay in answering the complaint and failed to demonstrate that he had a meritorious...

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