Filed: May 18, 2016
Latest Update: May 18, 2016
Summary: Ordered that the order is affirmed insofar as appealed from, with costs. In opposing a motion for leave to enter a default judgment based on a failure to timely appear or answer a complaint, a defendant must show a reasonable excuse for his or her delay in appearing or answering and a potentially meritorious defense ( see Fried v Jacob Holding, Inc., 110 A.D.3d 56 , 60 [2013]; Wassertheil v Elburg, LLC, 94 A.D.3d 753 , 753 [2012]; New Seven Colors Corp. v White Bubble Laundromat, Inc.,
Summary: Ordered that the order is affirmed insofar as appealed from, with costs. In opposing a motion for leave to enter a default judgment based on a failure to timely appear or answer a complaint, a defendant must show a reasonable excuse for his or her delay in appearing or answering and a potentially meritorious defense ( see Fried v Jacob Holding, Inc., 110 A.D.3d 56 , 60 [2013]; Wassertheil v Elburg, LLC, 94 A.D.3d 753 , 753 [2012]; New Seven Colors Corp. v White Bubble Laundromat, Inc., ..
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Ordered that the order is affirmed insofar as appealed from, with costs.
In opposing a motion for leave to enter a default judgment based on a failure to timely appear or answer a complaint, a defendant must show a reasonable excuse for his or her delay in appearing or answering and a potentially meritorious defense (see Fried v Jacob Holding, Inc., 110 A.D.3d 56, 60 [2013]; Wassertheil v Elburg, LLC, 94 A.D.3d 753, 753 [2012]; New Seven Colors Corp. v White Bubble Laundromat, Inc., 89 A.D.3d 701, 702 [2011]). The motion is addressed to the broad discretion of the court, which should also consider whether prejudice has resulted from the delay, whether there is evidence of willfulness on the defaulting defendant's part, and the strong public policy in favor of resolving cases on the merits (see Fried v Jacob Holding, Inc., 110 AD3d at 60; Jennings v Queens Tribune Publs., LLC, 101 A.D.3d 1086, 1087 [2012]). Upon our review of the record, we discern no basis for disturbing the Supreme Court's determination denying the plaintiff's motion for leave to enter a default judgment against the defendants Steven Franzel and Derek H. Sambolin, incorrectly sued herein as Police Officer Samboni, and to grant the defendants' cross motion to compel the plaintiff to accept a second amended answer on behalf of those defendants (see Fried v Jacob Holding, Inc., 110 AD3d at 66; Harris v City of New York, 30 A.D.3d 461, 464-466 [2006]).
