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LYNN & CAHILL, LLP v. WITKIN

8807, 8808, 114676/09, 8809.

101 A.D.3d 515 (2012)

954 N.Y.S.2d 879

2012 NY Slip Op 8658

LYNN & CAHILL, LLP, Respondent, v. NADINE WITKIN, Appellant.

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

December 13, 2012.

In response to plaintiff's motion for a default judgment, defendant failed to provide a reasonable excuse for failing to file an answer (see e.g. Toure v Harrison, 6 A.D.3d 270, 271 [1st Dept 2004]). Rather, the record suggests that defendant's inaction constituted a tactical decision on the part of herself and counsel. Nor did defendant demonstrate a meritorious defense to the action.

We have considered defendant's remaining...

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