KOREN v. ALBERT WAREHOUSE & SON, INC.

2015-11257, Index No. 13335/14.

148 A.D.3d 1127 (2017)

2017 NY Slip Op 02411

49 N.Y.S.3d 310

HARRIET KOREN, Appellant, v. ALBERT WAREHOUSE & SON, INC., Defendant, and NEGICA, LLC, Respondent.

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

Decided March 29, 2017.


Ordered that the order is affirmed, with costs.

Considering the minimal delay on the part of the defaulting defendant, the absence of prejudice to the plaintiff, the lack of willfulness on the part of the defaulting defendant, and the public policy in favor of resolving cases on the merits, the Supreme Court providently exercised its discretion in denying the plaintiff's motion for leave to enter a default judgment against the defaulting defendant and granting the...

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