KELLY v. NATIONAL WHOLESALE LIQUIDATORS, INC.


296 A.D.2d 568 (2002)

745 N.Y.S.2d 713

LINDA KELLY et al., Appellants, v. NATIONAL WHOLESALE LIQUIDATORS, INC., et al., Defendants, and FOOD MERCHANTS RPG, INC., Respondent.

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

Decided July 29, 2002.


Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion, inter alia, in denying the plaintiffs' motion for leave to enter a judgment against the defendant Food Merchants RPG, Inc. (hereinafter Food Merchants), upon its default in appearing or answering. Although Food Merchants' delay in serving its answer was due to law office failure, the delay was brief and the plaintiffs...

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