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BILLY CHICAGO LTD. v. CHICAGO CHINA TOUR, LLC

10169, 650234/14, 595171/16.

176 A.D.3d 566 (2019)

108 N.Y.S.3d 862

2019 NY Slip Op 07550

Billy Chicago Limited, Respondent, v. Chicago China Tour, LLC, et al., Appellants. Chicago China Tour, LLC, Third-Party Plaintiff-Appellant, v. National Artists Management Company, Inc., et al., Third-Party Defendants-Respondents. Zhang Liang, Professionally Known as Jurek Zhang, et al., Third-Party Plaintiffs-Appellants, v. National Artists Management Company, Inc., Third-Party Defendants-Respondents.

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

Decided October 22, 2019.

Attorney(s) appearing for the Case

Dunnington Bartholow & Miller LLP, New York ( Raymond J. Dowd of counsel), for appellants.

Judd Burstein, P.C., New York ( Judd Burstein of counsel), for respondents.

Concur—Renwick, J.P., Gische, Gesmer, Moulton, JJ.

The court providently exercised its discretion in denying the Zhang defendants' motion to compel acceptance of their pleadings (see CPLR 3012[d]). They failed to offer a reasonable excuse for answering over two years after the time they were served and four years after the action was commenced, especially since their attorneys also represented CCT, which had timely answered. In any event, they failed to demonstrate the potential...

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