Theis v. Langworthy
Cases that cite this one
1 later published case cites this decision.
- Village of Parish v. Weichert (Appellate Division of the Supreme Court of New York 2002)
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 unanimously affirmed with costs. Memorandum: Supreme Court properly denied plaintiffs motion for a default judgment based on defendant’s delay in appearing in the action in response to plaintiffs summons with notice and properly granted defendant an extension of time to file a notice of appearance and demand for the complaint (see, CPLR 3012 [d]). Defendant provided a reasonable excuse for the brief delay and established a meritorious defense to the complaint, plaintiff was not prejudiced by the delay, and public policy favors the resolution of cases on their merits (see, Kaiser v Delaney, 255 AD2d 362; Cleary v East Syracuse-Minoa Cent. School Dist., 248 AD2d 1005; Pollack v Eskander, 191 AD2d 1022, 1023, appeal dismissed 81 NY2d 1067). (Appeal from Order of Supreme Court, Chautauqua County, Gerace, J. — Default Judgment.) Present — Pigott, Jr., P. J., Green, Wisner, Scudder and Kehoe, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.