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Elkman v. Southgate Owners Corp.

243 A.D.2d 356 Court N.Y. App. Div. Decision date 1997-10-23 English

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p. 356
Steven M. Elkman et al., Plaintiffs, v Southgate Owners Corp., Defendant and Third-Party Plaintiff-Appellant. Pisacane Midtown Corporation, Third-Party Defendant-Respondent.
[665 NYS2d 251]

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about September 11, 1996, which denied third-party plaintiffs motion to enter a default judgment against third-party defendant, unanimously affirmed, with costs.

The court properly exercised its discretion in excusing third-party defendant Pisacane Midtown Corporation’s four month delay in serving an answer where there was an absence of prejudice, a reasonable excuse for the delay and a meritorious defense (Lucas v United Helpers Cedars Nursing Home, 239 AD2d 853 ; Shure v Westhampton Beach, 121 AD2d 887 ). Concur—Murphy, P. J., Nardelli, Williams and Colabella, JJ.

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