Total Care Leasing, Inc. v Montheard

[*1] Total Care Leasing, Inc. v Montheard 2004 NY Slip Op 51631(U) Decided on December 15, 2004 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 15, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: McCABE, P.J., COVELLO and TANENBAUM, JJ.
2004-561 S C

TOTAL CARE LEASING, INC., Appellant,

against

BARBARA MONTHEARD, Respondent.

Appeal by plaintiff from so much of an order of the District Court, Suffolk County (J. Flanagan, J.), entered on April 5, 2004, granting reargument as, upon reargument, denied its motion to enter a default judgment.

Order unanimously modified by providing that, upon reargument, plaintiff's motion to enter a default judgment is granted; as so modified, affirmed without costs. [*2]

In this action for breach of contract, plaintiff extended defendant's time to answer an additional 30 days to November 23, 2002. Consequently, the motion seeking entry of a default judgment which was brought within one year after the default should have been granted by the court below (see CPLR 3215 [a]). Even assuming arguendo that the plaintiff sought to enter the default judgment after the one year period, plaintiff established a reasonable excuse for the delay and a meritorious claim (see Greenpoint Bank v Ginyard, 253 AD2d 451 [1998]).
Decision Date: December 15, 2004