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Angus v. Stephens

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 2000
276 A.D.2d 572 (N.Y. App. Div. 2000)

Opinion

Submitted September 13, 2000.

October 16, 2000.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Steinhardt, J.), dated November 23, 1999, which, in effect, denied their motion for leave to enter a judgment in their favor on the issue of liability upon the defendant's default in appearing or answering.

Stuart H. Finkelstein, Forest Hills, N.Y., for appellants.

Frank A. Composto, Brooklyn, N.Y., for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., THOMAS R. SULLIVAN, GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order is reversed, on the law, with costs, and the motion is granted.

The Supreme Court improperly denied the plaintiffs' motion for leave to enter a judgment in their favor on the issue of liability upon the defendant's default in appearing or answering. The defendant failed to demonstrate either a reasonable excuse for the delay in serving her answer or a meritorious defense (see, Feiger v. Milgrom, 270 A.D.2d 452; Gurreri v. Village of Briarcliff Manor, 249 A.D.2d 508; Pumarejo-Garcia v. McDonough, 242 A.D.2d 374). The defendant's contention that the plaintiffs had agreed to allow her to serve a late answer is based on factual allegations which are dehors the record, and thus, is not reviewable on appeal (see, Knolls Cooperative Sec No. 2 v. Evans Dev. Corp., 169 A.D.2d 690).


Summaries of

Angus v. Stephens

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 2000
276 A.D.2d 572 (N.Y. App. Div. 2000)
Case details for

Angus v. Stephens

Case Details

Full title:WINSLOW A. ANGUS, ET AL., APPELLANTS, v. IRMA STEPHENS, RESPONDENT

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

Date published: Oct 16, 2000

Citations

276 A.D.2d 572 (N.Y. App. Div. 2000)
714 N.Y.S.2d 882