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CADLE COMPANY II, INC. v. BECKER

261 A.D.2d 201 (1999)

689 N.Y.S.2d 506

CADLE COMPANY II, INC., Respondent, v. DAVID F. BECKER et al., Defendants, and THERESA BECKER, Appellant.

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

Decided May 13, 1999.

Although defendant's submission of a letter in response to the summons and complaint did not constitute an answer or appearance (see, Matter of Kimball, 155 N.Y. 62, writ of error dismissed 174 U.S. 158), it cannot be said that her resulting default was willful since defendant, who was unrepresented by counsel at the time, appears to have reasonably believed that the letter sufficed to inform opposing counsel of facts dispositive...

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