Opinion
December 2, 1999
Order, Supreme Court, Bronx County (Michael DeMarco, J.), entered on or about December 17, 1998, which denied plaintiff's motion for a default judgment, vacated defendant's default and deemed defendants' answer timely served, unanimously affirmed, with costs.
George Diamantopoulos, for plaintiff-appellant.
Charles M. Arnold, for defendants-respondents.
SULLIVAN, J.P., WILLIAMS, WALLACH, LERNER, SAXE, JJ.
Defendant's delay in answering was brief and defendant's excuse for the default was reasonable (see, Elgart v. Raleigh Hotel Corp., 115 A.D.2d 165, 166). In addition, defendant's verified answer, served upon and rejected by plaintiff as untimely, and thereafter submitted in opposition to plaintiff's motion for a default judgment, sets forth denials and asserts affirmative defenses sufficient to establish the existence of a meritorious defense (see, id.; Elliot v. James, 97 A.D.2d 428, 429).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.