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Goracy v. Burns, Brooks McNeil

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 1989
155 A.D.2d 256 (N.Y. App. Div. 1989)

Opinion

November 9, 1989

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


The court properly denied the motion for leave to enter default judgments and permitted the defendants to serve an answer. (See, Ching v Ching, 125 A.D.2d 934; CPLR 3012 [d].)

The short delay in serving the answer, the reasonable excuse offered for the delay and the court's inherent power in the interest of justice to favor an opportunity to defend and have a disposition on the merits (Matter of Mento, 33 A.D.2d 650) all lead to the conclusion that the order at Special Term was a proper exercise of discretion.

Concur — Murphy, P.J., Kupferman, Carro, Kassal and Wallach, JJ.


Summaries of

Goracy v. Burns, Brooks McNeil

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 1989
155 A.D.2d 256 (N.Y. App. Div. 1989)
Case details for

Goracy v. Burns, Brooks McNeil

Case Details

Full title:DAVID GORACY, Appellant, v. BURNS, BROOKS McNEIL, Respondent, et al.…

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

Date published: Nov 9, 1989

Citations

155 A.D.2d 256 (N.Y. App. Div. 1989)

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