MISCIAGNU v. OCEAN AVENUE RESTAURANT, INC.


33 A.D.3d 566 (2006)

822 N.Y.S.2d 706

STEFANO MISCIAGNU, Appellant, v. OCEAN AVENUE RESTAURANT, INC., Doing Business as BRIDGEVIEW YACHT CLUB, Respondent, et al., Defendant.

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

Decided October 31, 2006.


In light of the reasonable excuse proffered by defendant-respondent for its delay in answering the complaint, Supreme Court providently exercised its discretion in granting defendant's cross motion pursuant to CPLR 3012 (d) (see Nason v Fisher, 309 A.D.2d 526 [2003]; Terrones v Morera, 295 A.D.2d 254

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