CABRAL v. WOLF

2007-1217 KC.

2008 NY Slip Op 51561 (U)

WILLIAMS CABRAL, Appellant, v. EDWARD H. WOLF, Respondent.

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

Decided July 10, 2008.


In this action to recover damages for personal injuries arising from an automobile accident, the court below should have denied both defendant's motion to compel acceptance of his late answer and plaintiff's cross motion seeking an inquest and default judgment. The Appellate Division, Second Department, has held that when a defendant who has failed to answer the complaint seeks to compel acceptance of a late answer, the defendant "must provide a reasonable excuse for the...

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