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FLING v. INTEGRITY BUSINESS SOLUTIONS, INC.

7620N. 24267/14E.

166 A.D.3d 458 (2018)

85 N.Y.S.3d 752

2018 NY Slip Op 07691

Qwantiasha Fling, Appellant, v. Integrity Business Solutions, Inc., et al., Respondents.

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

Decided November 13, 2018.

Although plaintiff's excuse for failing to move for a default judgment within one year of defendants' default is not entirely compelling, it must, however, be weighed against the merits of plaintiff's claim and the prejudice to defendants (see LaValle v Astoria Constr. & Paving Corp., 266 A.D.2d 28 [1st Dept 1999]). Here, plaintiff's affidavit sets out a meritorious action, and defendant Hutchins's denials, contained in his own...

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