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Czuchta v. Bribitzer

Appellate Division of the Supreme Court of New York, Second Department
May 6, 1985
111 A.D.2d 145 (N.Y. App. Div. 1985)

Opinion

May 6, 1985

Appeal from the Supreme Court, Westchester County (Gurahian, J.).


Order affirmed insofar as appealed from, without costs or disbursements, on condition that defendant pays plaintiffs $200 and serves an answer within 30 days after service upon her of a copy of the order to be made hereon, with notice of entry. In the event said conditions are not complied with, order reversed insofar as appealed from, as a matter of discretion, with costs, and defendant's motion to vacate her default denied.

Defendant established a reasonable excuse for her delay in answering the complaint and raised a meritorious defense (CPLR 5015 [a] [1]; Passalacqua v. Banat, 103 A.D.2d 769). Therefore, Special Term did not abuse its discretion in vacating the default judgment entered against her and permitting her to serve a notice of appearance and answer. However, we have imposed an appropriate sanction. Titone, J.P., Lazer, Thompson and Eiber, JJ., concur.


Summaries of

Czuchta v. Bribitzer

Appellate Division of the Supreme Court of New York, Second Department
May 6, 1985
111 A.D.2d 145 (N.Y. App. Div. 1985)
Case details for

Czuchta v. Bribitzer

Case Details

Full title:ANDREW CZUCHTA et al., Appellants, v. JOAN BRIBITZER, Respondent

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

Date published: May 6, 1985

Citations

111 A.D.2d 145 (N.Y. App. Div. 1985)