Practice point: The Appellate Division affirmed the motion court's denial of defendants' motion for a default judgment. Plaintiff's counsel asserted that the delay was due to counsel's error, and there was no evidence of prejudice to defendants.
Student note: There is a strong public policy of resolving controversies on the merits.
Case: Oberon Sec. LLC v. Parmar, NY Slip Op 00044 (1st Dept. 2016)
Here is the decision.
Tomorrow's issue: A Labor Law § 241(6) claim.