Appellate Division of the Supreme Court of New York, 2001

Gazes v. Hamilton

Gazes v. Hamilton
Appellate Division of the Supreme Court of New York · Decided February 27, 2001
280 A.D.2d 424; 721 N.Y.S.2d 499; 2001 N.Y. App. Div. LEXIS 1904
Gazes v. Hamilton

Opinion of the Court

—Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered December 23, 1999, which, in an action for personal injuries sustained in an automobile accident, conditioned the granting of plaintiffs motion for a default judgment upon defendants’ failure to serve an answer within 30 days, unanimously affirmed, without costs.

The motion court properly extended defendants’ time to answer in view of their strong showing of a meritorious defense. Concur — Nardelli, J. P., Rubin, Saxe and Friedman, JJ.

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