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YEA SOON CHUNG v. MID QUEENS LP

1131, 153135/14.

139 A.D.3d 490 (2016)

29 N.Y.S.3d 805

2016 NY Slip Op 03807

YEA SOON CHUNG et al., Appellants, v. MID QUEENS LP, Respondent.

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

Decided May 12, 2016.

The motion court's denial of plaintiff's motion for entry of a default judgment was a provident exercise of discretion. Defendant's excuse for its delay in answering, based on law office failure, while "not particularly compelling," was sufficient to show good cause for the delay (see Marine v Montefiore Health Sys., Inc., 129 A.D.3d 428, 429 [1st Dept 2015]). Further, defendant provided an affidavit of its property manager which...

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