DANIELS v. BOVIS LEND LEASE, INC.


12 A.D.3d 342 (2004)

783 N.Y.S.2d 308

SHAUN DANIELS, Respondent, v. BOVIS LEND LEASE, INC., et al., Appellants.

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

November 1, 2004.


Ordered that the orders are reversed insofar as appealed from, on the law and as a matter of discretion, with costs, the motion is denied, and that branch of the cross motion which was to compel the plaintiff to accept the defendants' answer is granted.

Considering the short delay in answering, the absence of prejudice to the plaintiff, the lack of willfulness on the part of the defendants, and the public policy in favor of resolving cases on the merits, the delay...

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