Ordered that the order is affirmed insofar as appealed from, with costs, and the defendant's answer is deemed served.
Contrary to the plaintiff's contention, the Supreme Court did not improvidently exercise its discretion in vacating the defendant's default in answering the complaint. The defendant's answer was served only one day after its time to answer had expired (see, CPLR 308 [1]). In view of the very short period of delay, the absence of any prejudice...
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