PORT v. NORTH SHORE UNIVERSITY HOSPITAL


261 A.D.2d 463 (1999)

687 N.Y.S.2d 297

ROSE PORT et al., Respondents, v. NORTH SHORE UNIVERSITY HOSPITAL, Defendant, and A.D. HERMAN CONSTRUCTION CO., INC., Appellant.

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

Decided May 10, 1999.


Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the plaintiffs' motion for leave to enter a judgment upon the appellant's failure to answer or appear and in denying the cross motion to compel acceptance of the late answer. The appellant failed to proffer a reasonable excuse for the five-month delay in answering the complaint, and failed to demonstrate that it had a meritorious defense (see, Palermo...

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