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NICKELL v. PATHMARK STORES, INC.

44 A.D.3d 631 (2007)

843 N.Y.S.2d 177

FREDERICK NICKELL, Appellant, v. PATHMARK STORES, INC., Defendant, and GOULD LONG ISLAND CITY CORP., Respondent.

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

Decided October 2, 2007.

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

We affirm the order denying the appellant's motion for leave to enter a default judgment against the respondent insofar as appealed from, but on grounds different from those relied upon by the Supreme Court. Considering the respondent's explanation for its brief delay in appearing and answering, the existence of a potentially meritorious...

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