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ESTRELLA v. HERRERA

23 A.D.3d 320 (2005)

804 N.Y.S.2d 315

JULIAN ESTRELLA, Plaintiff, v. MANUEL E. HERRERA, Defendant. ALEJANDRO CASTILLO et al., Respondents, v. MANUEL E. HERRERA, Defendant, and JULIAN ESTRELLA, Appellant. (And Other Actions.)

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

November 29, 2005.

Defendant, who was given notice of plaintiffs' motion for a default judgment (but see CPLR 3215 [g] [1]), opposed the motion on the ground that plaintiffs unreasonably refused to accept the answer he served some 14 months after he was served with the summons and complaint. The argument was properly rejected for failure to show a reasonable excuse for the delay (see 114 W. 26th St. Assoc. v Fortunak, 22 A.D.3d 346 [2005])....

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