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NEWMARK POSNER & MITCHELL INC. v. SWIFT & WATSON REALTY INC.

277 A.D.2d 36 (2000)

715 N.Y.S.2d 313

NEWMARK POSNER & MITCHELL INC., Appellant, v. SWIFT & WATSON REALTY INC., Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 9, 2000.

The motion was properly denied upon claims of nonperformance, sufficiently demonstrating a meritorious defense. The delay in the corporate defendant's appearance by an attorney was minimal and plaintiff failed to show any prejudice attributable to defendant's original, and timely, pro se appearance (see, Johnson v Scores Entertainment, 268 A.D.2d 306, citing Munoz v Quarex, Inc., 236 A.D.2d 595

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