Opinion
January 27, 2000
Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about September 24, 1998, which denied plaintiff's motion for a default judgment against defendant, unanimously affirmed, without costs.
Morton Alpert, for Plaintiff-Appellant.
Dawn C. Desimone, for Defendant-Respondent.
ROSENBERGER, J.P., ELLERIN, WALLACH, LERNER, ANDRIAS, JJ.
In light of defendant's short delay in responding to the summons with notice, and defense counsel's prompt response thereto once he received the papers, the IAS court's determination that a default judgment was not warranted and that the matter should be resolved on the merits constituted a proper exercise of its discretion (see,Munoz v. Quarez, Inc., 236 A.D.2d 595).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.