Greene v. Mullen
| Decision Date | 03 April 2007 |
| Docket Number | 2006-05158. |
| Citation | 39 A.D.3d 469,2007 NY Slip Op 02885,833 N.Y.S.2d 215 |
| Parties | MICAH GREENE et al., Appellants, v. LULA A. MULLEN, Also Known as LULA A. MULLEN-McCARTNEY, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order dated May 2, 2006 is affirmed insofar as appealed from, with costs.
The Supreme Court providently exercised its discretion in granting those branches of the defendants' motion which were for leave to reargue (see e.g. Loland v City of New York, 212 AD2d 674 [1995]; Schneider v Solowey, 141 AD2d 813 [1988]) and, upon reargument, in effect, in denying that branch of the plaintiffs' prior motion which was for leave to enter a default judgment against the defendant Ruby Mullen and in granting that branch of the defendants' cross motion which was to compel the plaintiffs to accept service of their answer insofar as asserted by the defendant Ruby Mullen. The defendants adequately demonstrated a reasonable excuse for Ruby Mullen's default, and her delay in answering was brief, was neither deliberate nor willful, and did not prejudice the plaintiffs. Furthermore, the defendants raised potentially meritorious defenses regarding Ruby Mullen's ownership and/or responsibility for the subject premises, as well as issues regarding notice of the hazardous condition thereon...
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