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FABRE v. DAMART ENTERS.

182 Misc.2d 514 (1999)

701 N.Y.S.2d 242

JOSE FABRE, Appellant, v. DAMART ENTERPRISES, INC., et al., Respondents.

Supreme Court, Appellate Term, Second Department.

July 12, 1999.

Attorney(s) appearing for the Case

Jose R. Mendez, P. C., Rego Park, for appellant.

Mauro & Goldberg, Great Neck (Kenneth Mauro and Cynthia A. Holfester of counsel), and Barron, McDonald, Carroll, Cohen & Harris, New York City (Diane L. DeVita of counsel), for respondents.

KASSOFF, P. J., ARONIN and SCHOLNICK, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order unanimously reversed without costs and motion denied without prejudice to renewal upon proper papers.

Defendants, in support of their motion pursuant to CPLR 2004 to extend their time to answer the complaint, alleged that plaintiff's attorney orally agreed to such extension but thereafter denied such agreement and rejected the answer as untimely. Defendants' application included a copy of the proposed answer...

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