3612 BROADWAY PARTNERS LLC v. MORENO

Abstract

A landlord\u27s motion for a default judgment was denied, and the court granted a tenant\u27s motion for leave to file a late answer in a non-payment proceeding. The court reasoned that a meritorious defense is not an essential element for a late answer motion when no default judgment has been entered. The court was persuaded by the short, eight-day delay between the tenant\u27s counsel appearing and filing the motion. Citing a lack of prejudice to the landlord and the public policy of resolving cases on their merits, the court granted the tenant\u27s motion