Stern V Kruglak

SUPREME COURT OF THE STATE PRESENT:

OF NEW YORK - NEW YORK COUNTY

Hon. EDWARD H. LEHNER

PART Justice

JOSEPH STERN, INDEX NO.

Plaintiff, MOTION DATE

2/21

MOTION SEQ. NO.

001

-againstBANIA, INC., CRAIG ALONA KRUGLAK,

and MOTION CAL. NO.

Defendants.

The following papers, numbered 1 to

were read on this motion PAPERS NUMBERED

Notice of

Order to Show Cause

- Affidavits - Exhibits ...

Answering Affidavits - Exhibits Replying Affidavits

0 I-

n

Cross-Motion:

Yes

No

W

W U W

a

t U

t-

o W K W

a

o

Upon the foregoing papers, it is ordered that this motion by plaintiff "striking defendant's answer" and entering judgment in favor of plaintiff is denied and the answer dated December 17,2001 is deemed served upon plaintiff. appears that although plaintiff served its complaint in January 2000, he had not entered judgment as of the time of service of the aforesaid answer and offered no valid excuse for his failure t o do so during the 23 months period preceding such service, although plaintiff's counsel did send letters t o the judgment clerk seeking entry. The parties had apparently been negotiating a resolution of the matter and eventually a check dated June 2002 in the amount of $25,000 was sent t o plaintiff's counsel and deposited by him. However, t w o months later the said sum was returned t o defendants. Since there appears t o be a valid dispute as t o the amount owing, a possible meritorious defense has been demonstrated. This action is transferred t o the Civil Court pursuant t o CPLR Dated: February 24,2003 J.S.C.

Check one:

FINAL DISPOSITION

NON-FINAL DISPOSITION