LEE v. 215 W. 88 ST. HOLDINGS, LLC

10023N, 116603/10.

106 A.D.3d 460 (2013)

965 N.Y.S.2d 865

2013 NY Slip Op 3390

JANICE LEE, Appellant, v. 215 WEST 88 STREET HOLDINGS, LLC, et al., Respondents.

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

Decided May 9, 2013.


The motion court providently exercised its discretion in granting defendants' motion and denying plaintiff's cross motion as to defendants' default. Defendants' delay in appearing was brief, the default was not willful, there was no evidence that plaintiff was prejudiced, and defendants demonstrated the existence of a potentially meritorious defense (see D&R Global Selections, S.L. v Bodega Olegario Falcón Pi...

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