PHOTOVISION INT'L, INC. v. THAYER


235 A.D.2d 467 (1997)

652 N.Y.S.2d 1002

Photovision International, Inc. et al., Respondents, v. Donald O. Thayer, Jr., et al., Appellants

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

January 21, 1997


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendants' contention, the Supreme Court did not improvidently exercise its discretion in denying those branches of their motion which were for a default judgment on their first and second counterclaims, and in permitting the plaintiffs to serve a late reply to those counterclaims. Although the failure to serve a timely reply was apparently caused by law office failure, considering...

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