Finkelstein v. East 65th Street Laundromat

Full title: ALLEN FINKELSTEIN, Appellant, v. EAST 65TH STREET LAUNDROMAT, Defendant…

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

Date published: May 9, 1995

215 A.D.2d 178 (N.Y. App. Div. 1995)

626 N.Y.S.2d 148

Opinion

May 9, 1995

Appeal from the Supreme Court, New York County (Harold Tompkins, J.).

The settlement negotiations between plaintiff and defendant landowner's insurer constitutes a reasonable excuse for defendant's delay in answering, and defendant's alleged lack of notice of any defect on the exterior stairway and assertion that it was the tenant's responsibility to repair the stairway constitute a meritorious defense.

Concur — Sullivan, J.P., Rosenberger, Ross, Asch and Williams, JJ.