NABER ELECTRIC v. TRITON STRUCTURAL CONCRETE, INC.

6275N 651008/17.

160 A.D.3d 507 (2018)

75 N.Y.S.3d 152

2018 NY Slip Op 02562

Naber Electric et al., Appellants, v. Triton Structural Concrete, Inc., et al., Respondents.

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

Decided April 12, 2018.


The motion court providently exercised its discretion in denying plaintiffs' motion and granting defendants' cross motion to compel plaintiffs to accept their answer (CPLR 3012[d]), which was served two weeks late. Defendants' attorney explained that the brief delay in answering resulted from his mistake in calendaring the date the response was due, after he mistakenly requested an extension of time to April 7, rather than May 7. Since defendants' time to answer, without...

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