SCHMIDT v. CITY OF NEW YORK


50 A.D.3d 664 (2008)

854 N.Y.S.2d 741

MOSHE SCHMIDT et al., Appellants, v. CITY OF NEW YORK et al., Respondent, et al., Defendants.

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

Decided April 1, 2008.


Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the motion of the defendant City of New York pursuant to CPLR 3012 (d) to extend the time to appear and answer, and to compel the plaintiffs to accept its answer, thereby excusing the defendant's delay in serving it (see CPLR 2004, 3012 [d]). Considering the absence of any prejudice to the plaintiffs, the existence of a potentially meritorious...

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