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VAN MAN ADHESIVES CORP. v. CITY OF NEW YORK

236 A.D.2d 465 (1997)

653 N.Y.S.2d 40

Van Man Adhesives Corp. et al., Appellants, v. City of New York et al., Respondents, et al., Defendant

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

February 10, 1997

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court providently exercised its discretion in compelling the plaintiffs to accept the verified answer, which was untimely served (see, CPLR 3012 [d]; Mondrone v Lakeview Auto Sales & Serv., 170 A.D.2d 586). Considering the absence of prejudice to the plaintiffs, the meritorious nature of the defense, and the...

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