While defendant Schlegel, apparently through some oversight of his insurer, failed to timely answer the complaint, he had adequately established a meritorious defense. Further, plaintiff has failed to demonstrate that he suffered prejudice as the result of the delay. Since we have held that "[u]pon 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" (
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PARKER v. I.E.S.I. N. Y. CORPORATION
279 A.D.2d 395 (2001)
720 N.Y.S.2d 59
LEONARD PARKER, Appellant, v. I.E.S.I. N. Y. CORPORATION, Defendant, and PAUL D. SCHLEGEL, Respondent.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided January 25, 2001.
Decided January 25, 2001.
Appellate Division of the Supreme Court of the State of New York, First Department.
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