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Gamiel v. Sullivan Liapakis, P.C

Appellate Division of the Supreme Court of New York, First Department
Oct 13, 1998
254 A.D.2d 96 (N.Y. App. Div. 1998)

Opinion

October 13, 1998

Appeal from the Supreme Court, New York County (Diane Lebedeff, J.).


Defendant's default in serving an answer was properly excused where, at the outset, defendant advised plaintiff that it was having difficulty locating its file in the underlying medical malpractice action, which had concluded almost a year and a half earlier ( Gamiel v. University Hosp., 216 A.D.2d 80, lv dismissed 87 N.Y.2d 911), defendant shows a meritorious defense, and plaintiff fails to show prejudice as a result of the two and a half-month delay ( see, Elkman v. Southgate Owners Corp., 243 A.D.2d 356). We have considered plaintiff's argument that the answer defendant served after plaintiff had moved for a default judgment was frivolous and find it to be without merit.

Concur — Lerner, P.J., Sullivan, Mazzarelli, Andrias and Saxe, JJ.


Summaries of

Gamiel v. Sullivan Liapakis, P.C

Appellate Division of the Supreme Court of New York, First Department
Oct 13, 1998
254 A.D.2d 96 (N.Y. App. Div. 1998)
Case details for

Gamiel v. Sullivan Liapakis, P.C

Case Details

Full title:RUCHAMA GAMIEL, Appellant, v. SULLIVAN LIAPAKIS, P.C., Respondent, et al.…

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

Date published: Oct 13, 1998

Citations

254 A.D.2d 96 (N.Y. App. Div. 1998)
679 N.Y.S.2d 282

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