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HAYES v. BERMAN

249 A.D.2d 881 (1998)

671 N.Y.S.2d 1025

Bertis J. Hayes, Jr., Respondent, v. Steven Berman, Appellant

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

April 30, 1998

In view of plaintiff's minimal and nonprejudicial nine-day default in service of the complaint, Supreme Court did not abuse its discretion in denying defendant's motion to dismiss the action (CPLR 3012 [b]) and granting plaintiff's cross motion to compel acceptance of the untimely served pleading (CPLR 3012 [d]), notwithstanding plaintiff's failure to tender an excuse for the delay or to establish a meritorious cause of action...

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