SIWEK v. PHILLIPS

2318, 307042/08

71 A.D.3d 469 (2010)

894 N.Y.S.2d 871

ROSEMARIE SIWEK, Respondent, v. LASCELL L. PHILLIPS et al., Appellants.

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

Decided March 9, 2010.


In view of the strong public policy favoring resolution of cases on their merits, the court improvidently exercised its discretion in granting default judgment. Ardsley explained that its delay was due to failure to receive a copy of the summons and complaint within 30 days of service from the Secretary of State, after which it then provided the pleadings to its insurance carrier, which gave them to its counsel, who interposed an answer. This was a valid excuse for the delay...

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