MARIN CONSTR. CORP. v. 62 HOLDING CORP.


87 A.D.2d 547 (1982)

Marin Construction Corp., Appellant, v. 62 Holding Corp., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 18, 1982


Reversed, to the extent appealed from, without costs, on the law, the facts and in the exercise of discretion, and the motion denied.

The court's decision was specifically based upon a two-day lateness by plaintiff in replying to defendant's counterclaims. In view of the desirability of having cases determined on their merits, such a strict, overly technical application of statutory time periods is misplaced where no prejudice...

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