SIMONS v. DOYLE


262 A.D.2d 236 (1999)

694 N.Y.S.2d 11

DAVID SIMONS, Appellant, v. PATRICIA DOYLE, Respondent.

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

Decided June 24, 1999.


The IAS Court properly determined that plaintiff had defaulted in replying to defendant's counterclaims since plaintiff failed to serve a reply "denominated as such" (CPLR 3011) within 25 days of the service of defendant's answer and counterclaims (see, CPLR 3012 [a]; 2103 [b] [2]). In opposing defendant's motion for a default judgment upon her counterclaims, plaintiff failed to demonstrate that he had a meritorious defense and a reasonable excuse for his default in...

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