IN THE HERNANDEZ v. MUESES

2007-978 K C.

2008 NY Slip Op 51454 (U)

DAVID J. HERNANDEZ, Appellant, v. GUS MUESES D/B/A G & I AUTO SALES, Respondent.

Appellate Term of the Supreme Court of New York, Second Department.

Decided July 8, 2008.


In this action for breach of contract and breach of warranty under the "Used Car Lemon Law" (General Business Law § 198-b), plaintiff moved for leave to enter a default judgment against defendant, after defendant failed to appear or answer the complaint. Defendant opposed the motion, contending that the default should be excused because he had been involved in ongoing settlement negotiations with plaintiff. He also claimed that he had a meritorious defense in that the...

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