The plaintiffs commenced a defamation action against the defendants and noted them in default after they failed to deliver a notice of intent to defend.
The defendants brought a motion to set aside the noting in default, arguing irregularities in service and a minimal delay in responding once they became aware of the claim.
The court granted the motion, finding that the delay was minimal, there was no prejudice to the plaintiffs, and the action should be determined on its merits rather than on a technical breach.
