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Bergida v. Wassen

Appellate Division of the Supreme Court of New York, First Department
Oct 29, 1992
186 A.D.2d 522 (N.Y. App. Div. 1992)

Opinion

October 29, 1992

Appeal from the Supreme Court, New York County (Charles E. Ramos, J.).


Defendant offered both a reasonable excuse for his delay in serving his answer and a meritorious defense to the action (see, Pokoik v Gittens, 171 A.D.2d 470). It is evident that defendant's default was not deliberate, and that he moved promptly to vacate the alleged default. Further, the delay in answering did not prejudice plaintiff (see, Bermudez v City of New York, 22 A.D.2d 865). Lastly, "[w]hile defendant's opposition papers did not include an affidavit of merits, the verified answer can be considered in determining whether a meritorious defense exists" (Meyer v Rose, 160 A.D.2d 565).

Concur — Sullivan, J.P., Rosenberger, Wallach and Ross, JJ.


Summaries of

Bergida v. Wassen

Appellate Division of the Supreme Court of New York, First Department
Oct 29, 1992
186 A.D.2d 522 (N.Y. App. Div. 1992)
Case details for

Bergida v. Wassen

Case Details

Full title:JEFFREY R. BERGIDA, Appellant, v. JEFFREY P. WASSEN, Respondent

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

Date published: Oct 29, 1992

Citations

186 A.D.2d 522 (N.Y. App. Div. 1992)

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