McPHERSON v. FOOD EMPORIUM, INC.


211 A.D.2d 765 (1995)

621 N.Y.S.2d 908

Errol McPherson et al., Appellants, v. Food Emporium, Inc., Respondent

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

January 30, 1995


Ordered that the order is affirmed, with costs. The defendant's time to answer the complaint is extended until 20 days after service upon it of a copy of this decision and order, with notice of entry.

Under the circumstances presented, the Supreme Court did not improvidently exercise its discretion in denying the plaintiffs' motion for leave to enter a default judgment and granting the defendant additional time to answer (see, e.g., Flower v Maryliz Food...

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