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MANNE v. BERKOWITS SCHOOL OF ELECTROLYSIS, INC.

158800/16. 7406NA. 7406N.

165 A.D.3d 531 (2018)

84 N.Y.S.3d 349

2018 NY Slip Op 06997

Bindu Manne, Appellant, v. Berkowits School of Electrolysis, Inc., Respondent.

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

Decided October 18, 2018.

Given that defendant asserted a reasonable excuse for its delay, namely, ongoing settlement negotiations between plaintiff and defendant's insurance carrier, the court exercised its discretion providently in denying the default judgment (see Zwicker v Emigrant Mtge. Co., Inc., 91 A.D.3d 443, 444 [1st Dept 2012]). Given the strong public policy favoring resolution of cases on their merits, the court properly accepted defendant's answer...

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