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SAN CLEMENTE v. HERCULES NY ADVERTISING, INC.

290 A.D.2d 263 (2002)

735 N.Y.S.2d 767

REGINALD SAN CLEMENTE, Appellant, v. HERCULES NY ADVERTISING, INC., et al., Respondents.

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

Decided January 10, 2002.

A default judgment is unwarranted in view of the lack of prejudice to plaintiff, defendants' showing of a meritorious defense and the short delay in serving an answer. However, we impose a penalty of $100 in view of defendants' weak showing with respect to the cause...

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