MELE v. OKUBO


36 A.D.3d 599 (2007)

827 N.Y.S.2d 284

LORETTA MELE, Respondent, v. SCOTT OKUBO, Appellant.

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

Decided January 9, 2007.


Ordered that the order is reversed, on the law, on the facts, and in the exercise of discretion, with costs, the plaintiff's motion for leave to enter judgment upon the defendant's failure to appear or answer the complaint is denied, the defendant's cross motion to direct the plaintiff to accept late service of his verified answer and counterclaims is granted, and the answer and counterclaims annexed to the defendant's cross motion papers are deemed served.

A defendant...

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