Opinion
November 9, 2000.
Order, Supreme Court, New York County (Barbara Kapnick, J.), entered on or about June 7, 2000, which, in an action for breach of contract, denied plaintiff `s motion for a default judgment, unanimously affirmed, without costs.
Amos Weinberg, for plaintiff-appellant.
Bruce David Cohen, for defendant-respondent.
Before: Sullivan, P.J., Rosenberger, Williams, Ellerin, Buckley, JJ.
The motion was properly denied upon claims of nonperformance, sufficiently demonstrating a meritorious defense. The delay in the corporate defendant's appearance by an attorney was minimal and plaintiff failed to show any prejudice attributable to defendant's original, and timely, pro se appearance (see, Johnson v. Scores Entertainment, 268 A.D.2d 306, citing Munoz v. Quarex, Inc., 236 A.D.2d 595).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.