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CEFALA v. BASILA

95 A.D.2d 889 (1983)

John Cefala et al., Respondents, v. Michael Basila et al., Appellants

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

June 2, 1983

Defendants maintain that, pursuant to Barasch v Micucci (49 N.Y.2d 594), County Court abused its discretion in granting plaintiffs' motion since the only excuse offered for their failure to timely serve their reply falls into the category of law office failure. Where, as here, however, the defaulting party moves for an extension of time pursuant to CPLR 2004 before the opposing party moves for relief based upon the default, the court...

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