The defendant's delay in answering the complaint was excusable and minimal, and it caused no prejudice to plaintiff. Plaintiff moved for default just one day after defendant's time to appear had expired, and defendant timely responded, presenting a meritorious defense to the action. Moreover, the motion court's order is in keeping with the strong public policy favoring litigation of claims on the merits.
Berardelli v. Novo Law Firm P.C., NY Slip Op 00516 (1st Dep't January 23, 2020)
Here is the decision.
