FINKELSTEIN v. SUNSHINE


47 A.D.3d 882 (2008)

852 N.Y.S.2d 168

STUART FINKELSTEIN et al., Appellants, v. DAVID SUNSHINE et al., Respondents.

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

Decided January 29, 2008.


Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the motion of the defendants Tyree Company, Tyree Maintenance Co., Inc., and Stephen Tyree (hereinafter collectively Tyree) to extend their time to appear and answer and to compel the plaintiffs to accept their verified answer, which was served only one day late, and in denying the plaintiffs' cross motion for leave to enter a judgment on the issue of...

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