SITIGUS FOODS CORP. v. 72-02 NORTHERN BLVD. REALTY CORP.


293 A.D.2d 597 (2002)

740 N.Y.S.2d 219

SITIGUS FOODS CORP., Doing Business as MARK TWAIN DINER, Respondent, v. 72-02 NORTHERN BLVD. REALTY CORP. et al., Appellants.

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

Decided April 15, 2002.


Ordered that the order is reversed, on the law, and as a matter of discretion, with costs, and the motion is denied.

A court may excuse a default in answering upon a showing of a meritorious defense and a justifiable excuse for the default (see CPLR 5015 [a] [1]; Miles v Blue Label Trucking, 232 A.D.2d 382). The defendants satisfied this standard. The period of delay was minimal. While the defendants promptly sought...

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