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PEG BANDWIDTH, LLC v. OPTICAL COMMUNICATIONS

4143N. 154391/15.

150 A.D.3d 625 (2017)

2017 NY Slip Op 04233

56 N.Y.S.3d 66

PEG BANDWIDTH, LLC, Appellant, v. OPTICAL COMMUNICATIONS, Respondent.

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

Decided May 30, 2017.

While plaintiff satisfied the requirements of CPLR 3215 (f) for a default judgment, we decline to disturb the motion court's exercise of its broad discretion in finding that defendant's excuse for its delay in answering the complaint, i.e., law office failure, was reasonable (see e.g. Metropolitan Prop. & Cas. Ins. Co. v Braun, 120 A.D.3d 1128 [1st Dept 2014]). In addition, the delay...

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