Munoz v. Quarex, Inc.
Cases that cite this one
3 later published cases cite this decision.
- Johnson v. Scores Entertainment, Inc. (Appellate Division of the Supreme Court of New York 2000)
- Rudick v. Goldbetter (Appellate Division of the Supreme Court of New York 2000)
- Newmark Posner & Mitchell Inc. v. Swift & Watson Realty Inc. (Appellate Division of the Supreme Court of New York 2000)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Durante, J.), dated September 22, 1995, which denied their motion for leave to enter a default judgment and directed the plaintiffs to accept the defendants’ answer served July 24, 1995.
Ordered that the order is affirmed, with costs.
Upon weighing the facts of this case, taking into account the short delay of the defendants in answering the complaint, the lack of prejudice to the plaintiffs, and the strong policy in favor of resolving actions on their merits, the Supreme Court correctly exercised its discretion in denying the plaintiffs’ motion for leave to enter a default judgment and directing them to accept the defendants’ answer served July 24, 1995 (see, Matter of Callahan v City of New York, 75 NY2d 899). Miller, J. P., Sullivan, Florio and Luciano, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.