EPSTEIN BECKER & GREEN, P.C. v. SAMSON MGT. LLC

651037/19. Appeal No. 12331N. Case No. 2020-02045.

188 A.D.3d 454 (2020)

131 N.Y.S.3d 892

2020 NY Slip Op 06386

Epstein Becker & Green, P.C., Appellant, v. Samson Management LLC et al., Respondents.

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

Decided November 10, 2020.


The court providently denied plaintiff's motion for a default judgment. Defendants offered a reasonable excuse for their six-month delay in filing an answer—failure to receive, or misplacement of the papers delivered to the New York State Secretary of State—which was sufficient under the facts of this case (see Lamar v City of New York, 68 A.D.3d 449 [1st Dept 2009]; Marine v Montefiore Health Sys., Inc.,

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