Elkman v. Southgate Owners Corp.
Cases that cite this one
2 later published cases cite this decision.
- Tertiary, Inc. v. Liberty Mut. Fire Ins. Co. (Appellate Division of the Supreme Court of New York 2018)
- Gamiel v. Sulivan & Liapakis, P. C. (Appellate Division of the Supreme Court of New York 1998)
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
Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about September 11, 1996, which denied third-party plaintiffs motion to enter a default judgment against third-party defendant, unanimously affirmed, with costs.
The court properly exercised its discretion in excusing third-party defendant Pisacane Midtown Corporation’s four month delay in serving an answer where there was an absence of prejudice, a reasonable excuse for the delay and a meritorious defense (Lucas v United Helpers Cedars Nursing Home, 239 AD2d 853; Shure v Westhampton Beach, 121 AD2d 887). Concur—Murphy, P. J., Nardelli, Williams and Colabella, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.