Bernard v. City of New York 217 A.D.2d 419, 629 N.Y.S.2d 40

217 A.D.2d 419 • 629 N.Y.S.2d 40

Judith Bernard, Plaintiff, v City of New York et al., Defendants. Empire City Subway Company (Limited), Third-Party Plaintiff-Respondent, v Tri-Messine Construction Company, Inc., Third-Party Defendant-Appellant.

[629 NYS2d 40]

Order, Supreme Court, New York County (Salvador Collazo, J.), entered January 30, 1995, which granted third-party plaintiff’s motion for default judgment against third-party defendant, and denied third-party defendant’s cross motion for an extension of time to answer, unanimously affirmed, without costs.

Third-party defendant was properly held in default for failure to demonstrate both that its defense had merit by the affidavit of someone with knowledge of the facts and a reasonable excuse for the delay (Stellato v Petrillo, 95 AD2d 704). Concur— Sullivan, J. P., Rosenberger, Ross, Asch and Tom, JJ.

Bernard v. City of New York
217 A.D.2d 419 • 629 N.Y.S.2d 40

Case Details

Name
Bernard v. City of New York
Decision Date
Jul 6, 1995
Citations

217 A.D.2d 419

629 N.Y.S.2d 40

Jurisdiction
New York
Court
New York Supreme Court, Appellate Division

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