TRENT v. BEDFORD STUYVESANT RESTORATION CENTER


277 A.D.2d 444 (2000)

715 N.Y.S.2d 893

CORNELIUS TRENT, Appellant, v. BEDFORD STUYVESANT RESTORATION CENTER et al., Respondents.

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

Decided November 27, 2000.


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff's contention, the Supreme Court providently exercised its discretion in denying his motion for leave to enter a default judgment against the respondents. Although the respondents' delay in serving their answer was due to law office failure, the delay was brief and not willful, and there is no proof that the plaintiff was prejudiced...

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