CITY OF NEW YORK v. HEALY/YONKERS/ATLASGEST


249 A.D.2d 102 (1998)

670 N.Y.S.2d 105

City of New York, Appellant, v. Healy/Yonkers/Atlasgest, a Joint Venture, et al., Defendants, and Davidson Pipe Supply Co., Inc., Respondent

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

April 16, 1998


The motion to extend plaintiff's time to respond to the notice to admit was improvidently denied. The delay, due to oversight, in responding to the notice at the time plaintiff's counsel sought defendant Davidson's consent to an extension was only a matter of days. Davidson did not and cannot show that it suffered any prejudice from so short a delay. In such circumstances, the motion should have been granted. Accordingly, we reverse and grant the relief sought.

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