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VERIZON N.Y. INC. v. CASE CONSTR. CO., INC.

63 A.D.3d 521 (2009)

880 N.Y.S.2d 476

VERIZON NEW YORK INC., Appellant, v. CASE CONSTRUCTION CO., INC., Respondent.

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

Decided June 16, 2009.

Defendant demonstrated a reasonable excuse for its delay in answering the complaint (see CPLR 3012 [d]; Finkelstein v East 65th St. Laundromat, 215 A.D.2d 178 [1995]). In addition, although it was not required to do so, defendant demonstrated the existence of meritorious defenses (see Terrones v Morera, 295 A.D.2d 254

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