JONG GWON KIM v. STRIPPOLI

2015-10697, Index No. 10271/14.

144 A.D.3d 982 (2016)

42 N.Y.S.3d 245

2016 NY Slip Op 07926

JONG GWON KIM et al., Appellants, v. DOMENICO STRIPPOLI et al., Respondents.

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

Decided November 23, 2016.


Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs' contention, the Supreme Court providently exercised its discretion in denying their motion pursuant to CPLR 3215 for leave to enter a default judgment against the defendants and in granting the defendants' cross motion pursuant to CPLR 3012 (d) for leave to serve and file a late answer and to compel the plaintiffs to accept a late answer. In order to avoid the entry of a default judgment,...

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