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Kelly v. National Wholesale Liquidators

Appellate Division of the Supreme Court of New York, Second Department
Jul 30, 2002
296 A.D.2d 568 (N.Y. App. Div. 2002)

Opinion

2002-03092

Submitted June 14, 2002

July 30, 2002.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Dunne, J.), dated February 1, 2002, which, inter alia, denied their motion for leave to enter a judgment against the defendant Food Merchants RPG, Inc., upon its default in appearing or answering.

Chesney Murphy, LLP, Rockville Centre, N.Y. (Michelle S. Russo, P.C., of counsel), for appellants.

Martyn, Toher, Esposito Martyn, Mineola, N.Y. (Michael G. Conway and Catherine Martyn of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, ROBERT W. SCHMIDT, STEPHEN G. CRANE, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion, inter alia, in denying the plaintiffs' motion for leave to enter a judgment against the defendant Food Merchants RPG, Inc. (hereinafter Food Merchants), upon its default in appearing or answering. Although Food Merchants' delay in serving its answer was due to law office failure, the delay was brief and the plaintiffs were not prejudiced thereby (see Khanna v. Premium Food Sports Enter., 279 A.D.2d 508; Trent v. Bedford Stuyvesant Restoration Ctr., 277 A.D.2d 444; Stone v. County of Nassau, 272 A.D.2d 392) . Furthermore, there is a potentially meritorious defense (see Trent v. Bedford Stuyvesant Restoration Ctr., supra; Stone v. County of Nassau, supra).

ALTMAN, J.P., KRAUSMAN, SCHMIDT and CRANE, JJ., concur.


Summaries of

Kelly v. National Wholesale Liquidators

Appellate Division of the Supreme Court of New York, Second Department
Jul 30, 2002
296 A.D.2d 568 (N.Y. App. Div. 2002)
Case details for

Kelly v. National Wholesale Liquidators

Case Details

Full title:LINDA KELLY, et al., appellants, v. NATIONAL WHOLESALE LIQUIDATORS, Inc.…

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

Date published: Jul 30, 2002

Citations

296 A.D.2d 568 (N.Y. App. Div. 2002)
745 N.Y.S.2d 713

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