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OBERON SECURITIES LLC v. PARMAR

16571, 653654/13

135 A.D.3d 446 (2016)

21 N.Y.S.3d 889

2016 NY Slip Op 00044

OBERON SECURITIES LLC, Respondent, v. PAUL PARMAR et al., Appellants.

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

Decided January 7, 2016.

The court exercised its discretion in a provident manner in denying defendants' motion for a default judgment. Plaintiff's counsel asserted that the delay was due to counsel's error, and there was no evidence of prejudice to defendants (see Smoke v Windermere Owners, LLC, 109 A.D.3d 742 [1st Dept 2013]; Spira v New York City Tr. Auth., 49 A.D.3d 478 [1st Dept 2008]; CPLR 3012 [d]). Furthermore...

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