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COVACI v. WHITESTONE CONSTRUCTION CORP.

2009-10965.

78 A.D.3d 1108 (2010)

911 N.Y.S.2d 652

DANIEL COVACI et al., Appellants, v. WHITESTONE CONSTRUCTION CORP., Respondent.

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

Decided November 30, 2010.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the plaintiffs' motion for leave to enter a judgment against the defendant upon its failure to appear or answer, and in granting the defendant's cross motion to compel the plaintiffs to accept its late answer (see CPLR 2004, 3012 [d]). Four days after the time to serve an answer had expired, the defendant requested an extension of time from the...

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