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GIGLIO v. NTIMP, INC.

2010-00725.

86 A.D.3d 301 (2011)

926 N.Y.S.2d 546

2011 NY Slip Op 5228

SUSANNE GIGLIO et al., Respondents, v. NTIMP, INC., Doing Business as NAPPER TANDY'S PUB, Defendant and Third-Party Plaintiff-Respondent-Appellant, et al., Defendant. DAWN McNEIL, Third-Party Defendant-Appellant.

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

Decided June 14, 2011.

Attorney(s) appearing for the Case

David J. Sobel, P.C., Smithtown, for third-party defendant-appellant.

White Fleischner & Fino, LLP, New York City ( Jared H. Rabkin of counsel), for defendant and third-party plaintiff-respondent-appellant.

BALKIN, LEVENTHAL and CHAMBERS, JJ., concur.

OPINION OF THE COURT

DILLON, J.P.

These appeals provide an occasion to clarify for the bar issues of timeliness and procedure related to default judgments sought against plaintiffs who fail to reply to defendants' counterclaims.

I. Relevant Facts

The facts underlying this appeal are tragic. On April 11, 2006, Robert A. Giglio, Sr. (hereinafter Robert Sr.), his 19-year-old son, Robert A. Giglio, Jr. (hereinafter Robert Jr.), and...

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