Polanco v Scott
2007 NY Slip Op 05164 [41 AD3d 182]
Decided on June 12, 2007
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on June 12, 2007
Mazzarelli, J.P., Andrias, Nardelli, Williams, Gonzalez, JJ.

1322
Index 101034/03

[*1]Felix Polanco, Plaintiff-Respondent,

v

Russell Scott, Defendant-Appellant.





Cohen, Kuhn & Associates, New York (Michael V. DiMartini
of counsel), for appellant.
Jose R. Mendez, Rego Park, for respondent.

Order, Supreme Court, New York County (Louis B. York, J.), entered October 17, 2006, which, to the extent appealed from, denied defendant's motion to dismiss the complaint pursuant to CPLR 3215(C), unanimously affirmed, without costs.

The court properly exercised its discretion in finding that plaintiff had set forth a meritorious cause of action and a reasonable excuse for failing to seek entry of a default judgment during settlement discussions, which were still ongoing just prior to defendant's moving to dismiss (see Finkelstein v East 65th St. Laundromat, 215 AD2d 178 [1995]).

M-2384 - Motion seeking leave to supplement

record granted.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 12, 2007

CLERK