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SANTOS v. CITY OF NEW YORK

269 A.D.2d 585 (2000)

703 N.Y.S.2d 511

INES SANTOS, Individually and as Administrator of the Estate of EVA ROSENTHAL, Deceased, Appellant, v. CITY OF NEW YORK et al., Defendants, and MARY IMMACULATE HOSPITAL, Respondent.

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

Decided February 28, 2000.

Ordered that the orders are affirmed, with one bill of costs.

Contrary to the plaintiff's contentions, under the circumstances of the instant case, the Supreme Court providently exercised its discretion in granting the motion by the defendant Mary Immaculate Hospital (hereinafter the Hospital) pursuant to CPLR 2004 for an extension of time in which to serve an answer, as the delay was not willful or lengthy and did not cause any prejudice to the opposing party (

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