Delayed Filing of Default Judgment Allows Office Lessor to Defend Worker's Claim

NEW YORK - A New York appellate court has vacated a default judgment against a landlord that failed to answer a worker's toxic tort claim for more than seven years, saying a delay in filing the judgment meant the defendant's eventual motion to vacate was timely. Olivaria, et al. v. Lin & Son Realty Corp. et al., 2011 NY Slip Op 03655 [No. 4209N, Index No. 7492/2002] (N.Y. Sup. Ct., App. Div., 1st Dept.).

The New York Supreme Court Appellate Division, First Department said the August 2009 filing of a money judgment, rather than a 2003 order granting a default …