BALDWIN ROUTE 6, LLC v. BERNAD CREATIONS, LTD.

2015-07266. Index No. 2503/14.

158 A.D.3d 659 (2018)

73 N.Y.S.3d 82

2018 NY Slip Op 01039

BALDWIN ROUTE 6, LLC, Respondent, v. BERNAD CREATIONS, LTD., Appellant.

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

Decided February 14, 2018.


Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the defendant's motion pursuant to CPLR 2004 to compel the plaintiff to accept its late answer is granted.

In December 2014, the plaintiff commenced this action to recover damages for breach of contract. The defendant served its answer on January 22, 2015, which the parties agree was two days after the statutory deadline to answer had expired. After the plaintiff's...

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