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ELKMAN v. SOUTHGATE OWNERS CORP.

243 A.D.2d 356 (1997)

665 N.Y.S.2d 251

Steven M. Elkman et al., Plaintiffs, v. Southgate Owners Corp., Defendant and Third-Party Plaintiff-Appellant. Pisacane Midtown Corporation, Third-Party Defendant-Respondent

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

October 23, 1997

The court properly exercised its discretion in excusing third-party defendant Pisacane Midtown Corporation's four month delay in serving an answer where there was an absence of prejudice, a reasonable excuse for the delay and a meritorious defense (Lucas v United Helpers Cedars Nursing Home, 239 A.D.2d 853; Shure v Westhampton Beach, 121 A.D.2d 887

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