POLANCO v. SCOTT


41 A.D.3d 182 (2007)

836 N.Y.S.2d 409

FELIX POLANCO, Respondent, v. RUSSELL SCOTT, Appellant.

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

Decided June 12, 2007.


The court properly exercised its discretion in finding that plaintiff had set forth a meritorious cause of action and a reasonable excuse for failing to seek entry of a default judgment during settlement discussions, which were still ongoing just prior to defendant's moving to dismiss (see Finkelstein v East 65th St. Laundromat, 215 A.D.2d 178

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