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D'AQUILA v. MARCHENA
Appellate Division of the Supreme Court of New York, Second Department.
Feb 6, 2007
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Ordered that the order is reversed, on the law and as a matter of discretion, with costs, and the plaintiffs motion for leave to enter a judgment against the appellant upon his default in answering and scheduling an inquest is denied.
Under the circumstances of this case, including the defendant's extraordinarily brief delay in answering, the Supreme Court should have denied the plaintiff's motion ( see Albano v Nus Holding Corp., 233 AD2d 280, 281).
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