Opinion
Submitted May 19, 1999
June 28, 1999
In an action, inter alia, to recover damages for fraud, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Cannavo, J.), dated July 28, 1998, which denied its motion for leave to enter a default judgment upon the failure of the defendants to appear or answer.
Fischoff Associates, Garden City, N.Y. (Laura A. Ellis of counsel), for appellant.
Scheyer Jellenik, Smithtown, N.Y. (Stephen R. Jellenik of counsel), for respondents.
CORNELIUS J. O'BRIEN, J.P., DAVID S. RITTER, DANIEL W. JOY, MYRIAM J. ALTMAN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly determined that the defendants' failure to timely file and serve an answer was an "isolated, inadvertent mistake" ( Chery v. Anthony, 156 A.D.2d 414, 417), rather than "a serious lack of concerned attention to the progress of this action" ( Lauro v. Cronin, 184 A.D.2d 837, 839). In addition, the defendants demonstrated a meritorious defense, and the plaintiff failed to demonstrate any prejudice stemming from the late service of the answer ( see, CPLR 2005; Tewari v. Tsoutsouras, 75 N.Y.2d 1, 12; Sanchez v. Javind Apt. Corp., 246 A.D.2d 353; Burlew-Watkins v. Wood, 225 A.D.2d 973). Accordingly, the plaintiff's motion for leave to enter a default judgment was properly denied.