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Bensimon v. Fishman

Appellate Division of the Supreme Court of New York, Second Department
Sep 15, 1997
242 A.D.2d 551 (N.Y. App. Div. 1997)

Opinion

September 15, 1997

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


Ordered that the order is affirmed, with costs.

To successfully oppose a motion for leave to enter a default judgment based on a plaintiff's failure to serve a reply to a counterclaim, the plaintiff must demonstrate a reasonable excuse for the delay and provide a meritorious defense ( see, Dinerstein Lesser v. Ambulette Assn., 88 A.D.2d 945). The plaintiffs failed to satisfy this standard.

Mangano, P.J., Ritter, Sullivan, Altman and McGinity, JJ., concur.


Summaries of

Bensimon v. Fishman

Appellate Division of the Supreme Court of New York, Second Department
Sep 15, 1997
242 A.D.2d 551 (N.Y. App. Div. 1997)
Case details for

Bensimon v. Fishman

Case Details

Full title:JACOB BENSIMON et al., Appellants, v. YALE M. FISHMAN, Respondent, et al.…

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

Date published: Sep 15, 1997

Citations

242 A.D.2d 551 (N.Y. App. Div. 1997)
664 N.Y.S.2d 726

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