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HERTZ VEHICLES, LLC v. MOLLO

9110, 151486/16.

171 A.D.3d 651 (2019)

99 N.Y.S.3d 288

2019 NY Slip Op 03270

Hertz Vehicles, LLC, Respondent, v. Darren T. Mollo, D.C., et al., Appellants, et al., Defendants.

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

Decided April 30, 2019.

Defendants satisfied the requirements of CPLR 3012 (d), which authorizes an extension of time to appear or plead "upon such terms as may be just and upon a showing of reasonable excuse for delay or default." Here, the delay in filing an answer was occasioned by law office failure, which can constitute a reasonable excuse (see Matter of Rivera v New York City Dept. of Sanitation, 142 A.D.3d 463, 464 [1st Dept 2016]). Defendants' counsel...

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