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NYU-HOSPITAL FOR JOINT DISEASES v. PRAETORIAN INS. CO.

2012-03770.

98 A.D.3d 1101 (2012)

950 N.Y.S.2d 717

2012 NY Slip Op 6288

NYU-HOSPITAL FOR JOINT DISEASES, as Assignee of Gladys Feliz, Appellant, v. PRAETORIAN INSURANCE COMPANY, Respondent.

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

September 26, 2012.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the defendant's motion to vacate the default judgment and to compel the plaintiff to accept its answer (see CPLR 3012 [d]). In light of the lack of any prejudice to the plaintiff resulting from the minimal delay in serving an answer to the complaint, the lack of willfulness on the part of the defendant...

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