Practice point: In light of the strong public policy favoring the resolution of cases on the merits, a court has the discretion to vacate a default arising from a defendant's delay in serving an answer, pursuant to CPLR 2004 and 3012(d), where there is a lack of prejudice to the plaintiff by the short delay, a lack of willfulness on the part of the defendant, and a meritorious defense.
Practitioners should note that the right to a direct appeal from an intermediate order terminates with the entry of a judgment.
Case: Cortlandt Healthcare, LLC v. Gantt, NY Slip Op 06953 (2d Dept. 2008)
The opinion is here.
