RUIZ v. GARDERE

2014-04193, Index No. 6664/13.

124 A.D.3d 750 (2015)

998 N.Y.S.2d 652

DEYANIRA RUIZ, Appellant, v. JEFFREY GARDERE, Respondent.

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

Decided January 21, 2015.


Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the plaintiff's motion for leave to enter a default judgment against the defendant given the defendant's minimal delays in serving a notice of appearance and answer, the absence of prejudice to the plaintiff, the existence of a potentially meritorious defense, the lack of willfulness on the part of the defendant, and the public policy in favor of resolving...

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