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KAISER v. DELANEY

255 A.D.2d 362 (1998)

679 N.Y.S.2d 686

Thomas Kaiser et al., Appellants, v. Bryan Delaney et al., Respondents

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

November 9, 1998

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

The Supreme Court providently exercised its discretion in compelling the plaintiffs to accept the verified answer of South Bay Water Taxi and John Sanders, 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...

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