CLIFTON COUNTRY RD. ASSOCS. v. VINCIGUERRA


203 A.D.2d 818 (1994)

612 N.Y.S.2d 970

Clifton Country Road Associates, Appellant, v. Stephen Vinciguerra, Respondent

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

April 28, 1994


In our view, Supreme Court did not abuse its discretion by denying plaintiff's motion for a default judgment and extending defendant's time to serve an answer to 10 days from notice of entry of the court's order. Defendant's delay in answering the complaint was a relatively short one. Moreover, in light of the apparent absence of prejudice to plaintiff and the existence of a possibly meritorious defense, we cannot find that Supreme Court erred in giving precedence to the...

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