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PICHARDO v. 969 AMSTERDAM HOLDINGS, LLC

10176N, 153561/18.

176 A.D.3d 571 (2019)

108 N.Y.S.3d 845

2019 NY Slip Op 07556

Rosa Pichardo, Appellant, v. 969 Amsterdam Holdings, LLC, Respondent, et al., Defendant.

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

Decided October 22, 2019.

Attorney(s) appearing for the Case

Steven C. Rauchberg, P.C., New York ( Steven C. Rauchberg of counsel), for appellant.

O'Toole Scrivo, LLC, New York ( Joseph E. Hopkins of counsel), for respondent.

Concur—Renwick, J.P., Gische, Tom, Gesmer, Moulton, JJ.

Under the circumstances of this case, the court properly denied plaintiff's motion for a default judgment and directed plaintiff to accept defendant 969 Amsterdam Holdings, LLC's answer. The delay in answering was relatively short, plaintiff suffered no prejudice, there is no evidence of willfulness and there is a strong public policy in favor of resolving cases on the merits (see Marine v Montefiore Health Sys., Inc., 129 A.D.3d 428

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