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YONKERS RIB HOUSE, INC. v. 1789 CENTRAL PARK CORP.

19 A.D.3d 687 (2005)

799 N.Y.S.2d 62

YONKERS RIB HOUSE, INC., et al., Appellants, v. 1789 CENTRAL PARK CORP. et al., Respondents.

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

June 27, 2005.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying that branch of the plaintiffs' cross motion which was for leave to enter a default judgment pursuant to CPLR 3215 (i) (1) and in granting the defendants' motion to compel the plaintiffs to accept their verified answer, thereby excusing the defendants' delay in serving it (see CPLR 2004, 3012 [d]). In light of the lack of prejudice to the plaintiffs...

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