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ROTTENBERG v. PREFERRED PROPERTY MANAGEMENT, INC.

22 A.D.3d 826 (2005)

803 N.Y.S.2d 177

SHLOIME ROTTENBERG et al., Appellants, v. PREFERRED PROPERTY MANAGEMENT, INC., et al., Defendants, and 5100 15TH AVENUE OWNERS, INC., Respondent.

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

October 31, 2005.

Ordered that the order is affirmed, with costs.

The plaintiff and the defendant 5100 15th Avenue Owners, Inc. (hereinafter Avenue Owners), entered into a stipulation extending Avenue Owners' time to serve its answer to May 10, 2004. Avenue Owners served an answer two days past that deadline. Given the brief delay in answering, the lack of willfulness by Avenue Owners, the existence of a possibly meritorious defense, the public policy in favor of resolving cases on...

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