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TANPINCO v. ROYAL CARIBBEAN INTERNATIONAL

3825N, 114600/08.

79 A.D.3d 484 (2010)

911 N.Y.S.2d 625

MARIA DOLORES TANPINCO et al., Appellants, v. ROYAL CARIBBEAN INTERNATIONAL et al., Defendants, CORPORATE TRAVEL SERVICES et al., Respondents.

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

Decided December 7, 2010.

Defendants demonstrated a reasonable excuse for their delay in answering the complaint, i.e., that their insurance carrier failed to forward the complaint to counsel (see Heskel's W. 38th St. Corp. v Gotham Constr. Co. LLC, 14 A.D.3d 306, 307 [2005]). The record shows no willful default on defendants' part and no prejudice to plaintiffs as a result of the delay (see Pagan v Four Thirty Realty LLC, 

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