LIPP v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY


34 A.D.3d 649 (2006)

824 N.Y.S.2d 671

SUSAN LIPP et al., Appellants, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Respondent.

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

Decided November 21, 2006.


Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is denied, the cross motion is granted, and the matter is remitted to the Supreme Court, Queens County, for an inquest on the issue of damages.

A defendant who has failed to timely appear or answer the complaint must provide a reasonable excuse for the default and demonstrate a meritorious defense to the action, when opposing a motion for leave to enter judgment upon...

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