METROPOLITAN PROP. & CAS. INS. CO. v. BRAUN

13010, 152586/12

120 A.D.3d 1128 (2014)

992 N.Y.S.2d 420

2014 NY Slip Op 06283

METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY et al., Appellants, v. JOHN R. BRAUN, Ph.D., et al., Respondents.

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

Decided September 23, 2014.


The motion court providently exercised it discretion in granting defendants' cross motion for an extension of time to interpose an answer. Under the circumstances, although defendants' assertion of law office failure "is not particularly compelling, it constitutes good cause for the delay" (Lamar v City of New York, 68 A.D.3d 449, 449 [1st Dept 2009] [internal quotation marks omitted]). There is no evidence that plaintiffs have been...

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