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BOARD OF MANAGERS OF THE ATRIUM CONDOMINIUM v. WEST 79TH STREET CORP.

17 A.D.3d 108 (2005)

792 N.Y.S.2d 444

BOARD OF MANAGERS OF THE ATRIUM CONDOMINIUM, Respondent-Appellant, v. WEST 79TH STREET CORP., Appellant-Respondent, et al., Defendants.

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

April 5, 2005.

Assuming in defendant's favor that plaintiff failed to timely serve a reply to the counterclaims, a default judgment on the counterclaims should nevertheless be denied, since it appears that plaintiff reasonably believed that the matter was being held in abeyance pending then ongoing extensive negotiations, and defendant was at all times aware of plaintiff's position and not otherwise prejudiced by the delay (see Eastern Resource...

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