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Steinbarth v. Otis Elevator Company

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 1997
244 A.D.2d 930 (N.Y. App. Div. 1997)

Opinion

November 19, 1997

(Appeal from Order of Supreme Court, Erie County, Flaherty, J. — Vacate Default Judgment.)

Present — Denman, P. J., Green, Wisner, Balio and Boehm, JJ.


Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendant's motion to vacate the default ( see, CPLR 5015 [a]). The court did not abuse its discretion in determining that the impairment of defendant's former attorney by alcoholism constituted a reasonable excuse for the default ( see, Jiminez v. St. John's Riverside Hosp., 161 A.D.2d 497), and defendant demonstrated that it has meritorious defenses to the action ( see, Yacone v Ryan Homes, 216 A.D.2d 963). Finally, defendant has remedied its default in complying with the court's discovery orders, and there is no indication that plaintiffs were unduly prejudiced by any delay ( see, Yacone v. Ryan Homes, supra, at 963-964).


Summaries of

Steinbarth v. Otis Elevator Company

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 1997
244 A.D.2d 930 (N.Y. App. Div. 1997)
Case details for

Steinbarth v. Otis Elevator Company

Case Details

Full title:WILLIAM A. STEINBARTH et al., Appellants, v. OTIS ELEVATOR COMPANY…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 19, 1997

Citations

244 A.D.2d 930 (N.Y. App. Div. 1997)
665 N.Y.S.2d 237