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Hosten v. Oladapo

Appellate Division of the Supreme Court of New York, Second Department
Jun 17, 2008
52 A.D.3d 658 (N.Y. App. Div. 2008)

Opinion

No. 2008-02173.

June 17, 2008.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Kramer, J.), dated January 14, 2008, which denied his renewed motion pursuant to CPLR 3215 for leave to enter judgment against the defendant upon his default in appearing or answering the complaint and for an inquest on the issue of damages, and granted the defendant's cross motion pursuant to CPLR 3102 (d) to compel the plaintiff to accept his late answer.

Robert P. Tusa (Sweetbaum Sweetbaum, Lake Success, N.Y. [Marshall D. Sweetbaum] of counsel), for respondent.

Before: Fisher, J.P., Florio, Angiolillo, Dickerson and Belen, JJ.


Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in denying the plaintiffs renewed motion, inter alia, for leave to enter judgment against the defendant upon his default in appearing or answering the complaint, and granting the defendant's cross motion pursuant to CPLR 3102 (d) to compel the plaintiff to accept his late answer. The defendant's "delay in appearing and answering was brief, the default was not willful, and there was no evidence that the plaintiff was prejudiced" ( Bunch v Dollar Budget, Inc., 12 AD3d 391, 391; see Jolkovsky v Legeman, 32 AD3d 418; Friedman v Ostreicher, 22 AD3d 798, 799). Moreover, public policy favors the resolution of cases on the merits ( see Bunch v Dollar Budget, Inc., 12 AD3d 391).


Summaries of

Hosten v. Oladapo

Appellate Division of the Supreme Court of New York, Second Department
Jun 17, 2008
52 A.D.3d 658 (N.Y. App. Div. 2008)
Case details for

Hosten v. Oladapo

Case Details

Full title:IRVING HOSTEN, Appellant, v. DELE OLADAPO, Respondent

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

Date published: Jun 17, 2008

Citations

52 A.D.3d 658 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 5656
858 N.Y.S.2d 915

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