KOHN v. TRI-STATE HARDWOODS, LTD.

2011-03353.

92 A.D.3d 642 (2012)

937 N.Y.S.2d 865

2012 NY Slip Op 933

CAROLYN KOHN, Respondent, v. TRI-STATE HARDWOODS, LTD., Appellant, et al., Defendant.

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

Decided February 7, 2012.


Ordered that the order is affirmed, without costs or disbursements.

It is undisputed that the plaintiff defaulted in serving a reply to the appellant's counterclaim and that the appellant failed to move for leave to enter a default judgment on the counterclaim within one year after the default. Since the appellant failed to make a timely motion for leave to enter a default judgment, it was required to demonstrate a reasonable excuse for its delay in seeking a default...

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