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Santiago v. Siega

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1998
255 A.D.2d 306 (N.Y. App. Div. 1998)

Opinion

November 2, 1998

Appeal from the Supreme Court, Queens County (LeVine, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

Generally, in order to successfully oppose a motion for leave to enter a judgment based on the failure to serve an answer, a defendant must demonstrate a reasonable excuse for the delay and provide a meritorious defense (see, Pumarejo-Garcia v. McDonough, 242 A.D.2d 374; Dinerstein Lesser v. Ambulette Assn., 88 A.D.2d 945). The defendant failed to demonstrate either and, thus, the plaintiff's motion, inter alia, for leave to enter a judgment upon his default in appearing was properly granted.

Bracken, J. P., Santucci, Krausman and Florio, JJ., concur.


Summaries of

Santiago v. Siega

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1998
255 A.D.2d 306 (N.Y. App. Div. 1998)
Case details for

Santiago v. Siega

Case Details

Full title:MARIO SANTIAGO, Respondent, v. ANTHONY SIEGA, Appellant

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

Date published: Nov 2, 1998

Citations

255 A.D.2d 306 (N.Y. App. Div. 1998)
679 N.Y.S.2d 342

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