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Bernard v. City of New York

217 A.D.2d 419 Court N.Y. App. Div. Decision date 1995-07-06 English

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p. 419
Judith Bernard, Plaintiff, v City of New York et al., Defendants. Empire City Subway Company (Limited), Third-Party Plaintiff-Respondent, v Tri-Messine Construction Company, Inc., Third-Party Defendant-Appellant.
[629 NYS2d 40]

Order, Supreme Court, New York County (Salvador Collazo, J.), entered January 30, 1995, which granted third-party plaintiff’s motion for default judgment against third-party defendant, and denied third-party defendant’s cross motion for an extension of time to answer, unanimously affirmed, without costs.

Third-party defendant was properly held in default for failure to demonstrate both that its defense had merit by the affidavit of someone with knowledge of the facts and a reasonable excuse for the delay (Stellato v Petrillo, 95 AD2d 704 ). Concur— Sullivan, J. P., Rosenberger, Ross, Asch and Tom, JJ.

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