SHAHEEN v. WEBSTER REALTY ASSOCIATES


16 A.D.3d 663 (2005)

791 N.Y.S.2d 447

KHALIDA SHAHEEN et al., Appellants, v. WEBSTER REALTY ASSOCIATES, Respondent.

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

March 28, 2005.


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

The Supreme Court providently exercised its discretion in denying the plaintiffs' motion for leave to enter judgment against the defendant upon its failure to appear or answer, and in granting that branch of the defendant's cross motion which was to compel the plaintiffs to accept their answer (see CPLR 2004, 3012 [d]). In view of the short delay in serving an answer, the absence of prejudice...

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