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ROSARIO v. GUTHRIE

234 A.D.2d 3 (1996)

650 N.Y.S.2d 550

Miguel Rosario, Respondent, v. Mudge Rose Guthrie, Respondent Mudge Rose Guthrie Alexander and Ferdon, Sued Herein as Mudge Rose Guthrie, Third-Party Plaintiff-Respondent, v. Northern Telecom Inc., Third-Party Defendant-Appellant

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

December 3, 1996

The orders were appropriate exercises of discretion. Third-party defendant did not demonstrate prejudice (see, Forte v Cities Serv. Oil Co., 195 A.D.2d 805, 807), plaintiff's delay in providing discovery was minimal and not willful, and plaintiff offered a reasonable excuse for the default and evidence of a meritorious...

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