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ANDINO v. DeJESUS

15 A.D.3d 259 (2005)

790 N.Y.S.2d 20

EDWIN ANDINO et al., Respondents, v. CLEVER DeJESUS et al., Defendants, and HUGO A. ESPINAL et al., Appellants.

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

February 15, 2005.

Under the circumstances presented, which include ministerial failures on the part of both plaintiffs' counsel and defendants' counsel, equity dictates that we adhere to the strong policy of our courts to permit an action to proceed to a disposition on its merits. Accordingly, the default judgment is vacated, the answer is deemed timely served, the statute of limitations defense stricken, and the matter remanded for further discovery...

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