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LEARY v. POU POUNE, INC.

273 A.D.2d 8 (2000)

708 N.Y.S.2d 108

KATHERINE LEARY, Respondent, v. POU POUNE, INC., Defendant, and HISASHI KOBAYASKI, Individually and as Partner in Hoskob Associates, et al., Appellants.

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

Decided June 1, 2000.

Upon a showing of a lack of prejudice and a meritorious defense, a default judgment may be vacated and the action restored despite the existence of egregious law office failure (see, Martinez v New York City Tr. Auth., 183 A.D.2d 587). The failure to file an answer was clearly due to the derelictions of Hoskob's attorney. The record rebuts the presumption of abandonment or willfulness on the part of defendant. Therefore, Hoskob should...

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