PERFORMANCE CONSTRUCTION CORP. v. HUNTINGTON BUILDING, LLC

2008-06917

68 A.D.3d 737 (2009)

2009 NY Slip Op 9012

888 N.Y.S.2d 892

PERFORMANCE CONSTRUCTION CORP., Appellant, v. HUNTINGTON BUILDING, LLC, et al., Defendants, and CORCORAN MARBLE & MONUMENT CO., INC., et al., Respondents.

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

Decided December 1, 2009.


Ordered that the order is affirmed, with one bill of costs.

The Supreme Court providently exercised its discretion in denying that branch of the plaintiff's motion which was for leave to enter a default judgment against the defendant Corcoran Marble & Monument Co., Inc. (hereinafter Corcoran), and in granting Corcoran's cross motion for leave to serve a late answer (see CPLR 3012 [d]; 5015 [a] [1]). Considering the lack of any prejudice to the plaintiff...

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