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HSBC BANK USA, N.A. v. DONALDSON

11232A, 11232.

181 A.D.3d 464 (2020)

117 N.Y.S.3d 573

2020 NY Slip Op 01581

HSBC Bank USA, N.A., Respondent, v. Kavian Donaldson, Appellant, et al., Defendants.

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

Decided March 10, 2020.

Plaintiff's excuse for its delay in replying to defendant's counterclaim, i.e., law office failure, is reasonable, in view of the shortness of the delay and the absence of evidence of willfulness or of prejudice to defendant (see e.g. Hertz Vehs., LLC v Mollo, 171 A.D.3d 651 [1st Dept 2019]; Newyear v Beth Abraham Nursing Home, 157 A.D.3d 651 [1st Dept 2018]). Contrary to defendant's contention, since plaintiff moved pursuant...

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