ECKNA v. KESSELMAN


11 A.D.3d 507 (2004)

782 N.Y.S.2d 845

BARBARA ECKNA et al., Respondents, v. PAUL A. KESSELMAN et al., Defendants, and PARKWAY HOSPITAL, INC., Appellant.

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

October 12, 2004.


Ordered that the order is reversed insofar as appealed from, on the law and as an exercise of discretion, with costs, and that branch of the plaintiffs' motion which was for leave to enter a judgment against the appellant upon its failure to appear or answer is denied.

At the time of the plaintiffs' motion, the appellant's default in answering the complaint was brief, and there was no showing of any prejudice to the plaintiffs. Moreover, the affidavits submitted ...

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