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KLUGHAUPT v. HI-TOWER CONTRACTORS, INC.

64 A.D.3d 545 (2009)

882 N.Y.S.2d 313

NECHUMA KLUGHAUPT, Appellant, v. HI-TOWER CONTRACTORS, INC., Defendant, and LYNCH PARK, LLC, Respondent.

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

Decided July 7, 2009.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the plaintiff's motion for leave to enter a default judgment against the defendant Lynch Park, LLC (hereinafter Lynch Park), and in granting Lynch Park's cross motion to vacate its default in answering and for leave to serve a late answer (see CPLR 5015). Considering the lack of any prejudice to the plaintiff as a result of the relatively short...

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