DEMARCO v. WYNDHAM INTERNATIONAL, INC.


299 A.D.2d 209 (2002)

749 N.Y.S.2d 139

JOSEPH DEMARCO, Appellant, v. WYNDHAM INTERNATIONAL, INC., Respondent. (And a Third-Party Action.)

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

Decided November 14, 2002.


The motion court properly exercised its discretion in granting defendant's motion to compel plaintiff to accept service of its late answer where the delay in serving the answer was relatively short and attributable to law office failure (see CPLR 3012 [d]; and see De Benedictis v Rahbar, 269 A.D.2d 134, 135). We note that, while defendant included an affidavit of merit in support of its motion, the affidavit was not essential...

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