Opinion
1590N
September 19, 2002.
Order, Supreme Court, Bronx County (Howard Silver, J.), entered August 21, 2001, which, in an action for personal injuries, denied plaintiff's motion for a default judgment against defendant-respondent, unanimously affirmed, with costs.
VICTORIA L. WEINMAN, for plaintiff-appellant.
ROSS G. WEAVER, for defendant-respondent.
Before: Wallach, J.P., Lerner, Rubin, Friedman, Gonzalez, JJ.
The motion was properly denied upon a showing of a meritorious defense, and defendant's attorney's affirmation that he first received the summons and complaint along with the instant motion for a default judgment. Defendant's attorney received the motion for a default only two months after plaintiff's service of process on the Secretary of State pursuant to Business Corporation Law § 306, and one month after plaintiff's service of the instant motion on defendant. There is no indication that plaintiff was prejudiced by this short delay (see Higgins v. Bellet Constr. Co., 287 A.D.2d 377).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.