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MUJICA v. PENA

131 A.D.2d 649 (1987)

Jose A. Mujica, Appellant, v. Eulalia F. Pena, Respondent, et al., Defendants

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

June 15, 1987

Ordered that the order is affirmed, with costs.

The Supreme Court did not abuse its discretion in granting the defendant Pena an extension of time to answer in view of the following factors: (1) there was a reasonable excuse for a nonlengthy delay in serving the answer, (2) Pena's counsel, once retained, acted with dispatch to promptly request an extension, (3) the application for an extension preceded any motion for leave...

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