Practice point: The Appellate Division affirmed the denial of the motion and the order directing plaintiff to accept the answer. The Appellate Division noted that while defendant's excuse for not timely answering -- confusion and inadvertence -- was not particularly compelling, it was sufficient. In addition, the delay was relatively short, plaintiff suffered no prejudice, there is no evidence of willfulness, and there is a strong public policy in favor of resolving cases on the merits.
Student note: As no default judgment had been entered, defendant was not required to demonstrate a meritorious defense, pursuant to CPLR 3012[d].
Case: Marine v. Montefiore Health Sys., Inc., NY Slip Op 04725 (1st Dept. 2015)
Here is the decision.
Monday's issue: A fall down the stairs, and actionable defects.
