Property · MBE-tested
Allen Finkelstein, Appellant, v. East 65th Street Laundromat, Defendant, and 417 East Equities, Inc., Respondent
215 A.D.2d 178626 N.Y.S.2d 148·New York Supreme Court, Appellate Division·1995·NY
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Opinion
Allen Finkelstein, Appellant, v East 65th Street Laundromat, Defendant, and 417 East Equities, Inc., Respondent.
[626 NYS2d 148]
[MAJORITY]
Order, Supreme Court, New York County (Harold Tompkins, J.), entered April 8, 1994, which, inter alia, denied plaintiff’s motion for a default judgment against defendant-respondent, unanimously affirmed, without costs.
The settlement negotiations between plaintiff and defendant landowner’s insurer constitutes a reasonable excuse for defendant’s delay in answering, and defendant’s alleged lack of notice of any defect on the exterior stairway and assertion that it was the tenant’s responsibility to repair the stairway constitute a meritorious defense. Concur—Sullivan, J. P., Rosenberger, Ross, Asch and Williams, JJ.