MORALES v. AMERICAN UNITED TRANSPORTATION, INC.

Index No. 28481/20 Appeal No. 17447 Case No. 2022-00600.

214 A.D.3d 415 (2023)

183 N.Y.S.3d 301

2023 NY Slip Op 01143

Edith Morales et al., Appellants, v. American United Transportation, Inc., et al., Respondents.

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

Decided March 2, 2023.


Attorney(s) appearing for the Case

G. Wesley Simpson PC, Brooklyn ( G. Wesley Simpson of counsel), for appellants.

Silverson, Pareres & Lombardi LLP, White Plains ( Joseph T. Pareres of counsel), for respondents.

Concur— Moulton, J.P., González, Scarpulla, Shulman, JJ.


Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered on or about November 3, 2021, which denied plaintiffs' motion for a default judgment and deemed defendants' answer timely filed, unanimously affirmed, without costs.

The court providently exercised its discretion in denying plaintiffs' motion for a default judgment and allowing the case to continue and be heard on the merits, notwithstanding defendants' failure to submit formal opposition to the motion...

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