HOSPITAL FOR JOINT DISEASES v. DOLLAR RENT A CAR


25 A.D.3d 534 (2006)

806 N.Y.S.2d 437

HOSPITAL FOR JOINT DISEASES, as Assignee of MARLA SANDLER, et al., Appellants, v. DOLLAR RENT A CAR, Respondent.

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

January 10, 2006.


Ordered that the order is affirmed insofar as appealed from, with costs.

Based on, inter alia, (a) the reasonable excuse presented by the defendant for its default in opposing the plaintiffs' motion for summary judgment, including the absence of willfulness and the lack of prejudice to the plaintiffs, and (b) the existence of a possible meritorious defense, the Supreme Court providently exercised its discretion in granting that branch of the defendant's motion which...

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