BERARDELLI v. NOVO LAW FIRM P.C.

10872N, 651720/18.

179 A.D.3d 577 (2020)

114 N.Y.S.3d 632

2020 NY Slip Op 00516

Gene Berardelli, Appellant, v. Novo Law Firm P.C., Respondent.

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

Decided January 23, 2020.


The motion court providently exercised its discretion in denying plaintiff's motion for a default judgment. Defendant's delay in answering the complaint was excusable and minimal, and it caused no prejudice to plaintiff (see New Media Holding Co. LLC v Kagalovsky, 97 A.D.3d 463, 465 [1st Dept 2012]). Indeed, plaintiff moved for a default judgment only one day after defendant's time to...

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