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ARRINGTON v. BRONX JEAN COMPANY, INC.

3158, 3158A, 305343/08

76 A.D.3d 461 (2010)

906 N.Y.S.2d 266

ERRIKA ARRINGTON, Respondent, v. BRONX JEAN COMPANY, INC., Also Known as JEANS PLUS, INC., Appellant, et al., Defendant.

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

Decided August 17, 2010.

Although the corporate defendant served its motion to dismiss approximately 22 days late, the delay was minimal, given that defense counsel received the complaint from defendant's insurance carrier only six days prior to serving the motion, and there was no prejudice to plaintiff (see Siwek v Phillips, 71 A.D.3d 469 [2010] [default not warranted where counsel for defendant did not...

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