From Casetext: Smarter Legal Research

FRE International v. Fishman

Appellate Division of the Supreme Court of New York, First Department
Dec 9, 1993
199 A.D.2d 64 (N.Y. App. Div. 1993)

Opinion

December 9, 1993

Appeal from the Supreme Court, New York County (Helen Freedman, J.).


Defendants' nonreceipt of plaintiff's complaint constitutes a reasonable excuse for their failure to answer, and we find that they also have a meritorious defense. Plaintiff's application for an order directing defendants to furnish a note for the balance was properly denied, since no such relief had been requested in either of plaintiff's pleadings, and plaintiff's fraud claim, raised for the first time in its motion, is contested.

Concur — Murphy, P.J., Rosenberger, Ross and Nardelli, JJ.


Summaries of

FRE International v. Fishman

Appellate Division of the Supreme Court of New York, First Department
Dec 9, 1993
199 A.D.2d 64 (N.Y. App. Div. 1993)
Case details for

FRE International v. Fishman

Case Details

Full title:FRE INTERNATIONAL, Appellant, v. JOEL T. FISHMAN et al., Respondents, et…

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

Date published: Dec 9, 1993

Citations

199 A.D.2d 64 (N.Y. App. Div. 1993)
604 N.Y.S.2d 948