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SMOKE v. WINDERMERE OWNERS, LLC

10571N, 113051/11.

109 A.D.3d 742 (2013)

971 N.Y.S.2d 698

2013 NY Slip Op 5972

GARY SMOKE, Appellant, v. WINDERMERE OWNERS, LLC, et al., Respondents.

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

Decided September 24, 2013.

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered July 20, 2012, which denied plaintiff's motion for a default judgment, unanimously affirmed, without costs.

By submitting the affirmation of their attorney, stating that defendants' verified answer was served two days late due to a calendaring error by their counsel, defendants have shown excusable default for the untimely service of that pleading ...

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