From Casetext: Smarter Legal Research

Port v. North Shore University Hospital

Appellate Division of the Supreme Court of New York, Second Department
May 10, 1999
261 A.D.2d 463 (N.Y. App. Div. 1999)

Opinion

May 10, 1999

Appeal from the Supreme Court, Nassau County (DiNoto, J.).


Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the plaintiffs' motion for leave to enter a judgment upon the appellant's failure to answer or appear and in denying the cross motion to compel acceptance of the late answer. The appellant failed to proffer a reasonable excuse for the five-month delay in answering the complaint, and failed to demonstrate that it had a meritorious defense ( see, Palermo v. Rodriguez, 255 A.D.2d 567; Jerrick Waterproofing Co. v. Park Plaza Owners Corp., 251 A.D.2d 628; Cree v. Cree, 124 A.D.2d 538).

S. Miller, J. P., Sullivan, Joy and Altman, JJ., concur.


Summaries of

Port v. North Shore University Hospital

Appellate Division of the Supreme Court of New York, Second Department
May 10, 1999
261 A.D.2d 463 (N.Y. App. Div. 1999)
Case details for

Port v. North Shore University Hospital

Case Details

Full title:ROSE PORT et al., Respondents v. NORTH SHORE UNIVERSITY HOSPITAL…

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

Date published: May 10, 1999

Citations

261 A.D.2d 463 (N.Y. App. Div. 1999)
687 N.Y.S.2d 297