Order unanimously reversed, on the law, without costs, and defendant's motion granted.
Memorandum:
Special Term improperly denied defendant's motion for leave to serve a late answer to plaintiff's complaint on the grounds that defendant failed to submit an affidavit of merit.
Defendant was two days late in serving his answer. On this record, it is clear that defendant has established an excuse for his tardiness and that plaintiff has failed to show...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.