Garcia v. Paulino

Appellate Division of the Supreme Court of New York

Garcia v. Paulino

309 A.D.2d 519, 765 N.Y.S.2d 246, 2003 N.Y. App. Div. LEXIS 9995

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 2, 2003

StatusPublished

This text of 309 A.D.2d 519 (Garcia v. Paulino) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Garcia v. Paulino, 309 A.D.2d 519, 765 N.Y.S.2d 246, 2003 N.Y. App. Div. LEXIS 9995 (N.Y. Ct. App. 2003).

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Opinion

Orders, Supreme Court, Bronx County (Dianne Renwick, J.), entered September 13, 2002 and March 4, 2003, which, inter aha, denied plaintiff’s motion for a default judgment and granted defendant’s cross motion seeking an extension to file his answer, unanimously affirmed, without costs.

[520]*520Under all the relevant circumstances, including defendant’s proffer of a reasonable excuse for failing to answer the complaint, the motion court properly exercised its discretion in granting defendant an extension to serve his answer (see CPLR 3012 [d]; Mufalli v Ford Motor Co., 105 AD2d 642, 643-644 [1984]). Concur — Nardelli, J.P., Mazzarelli, Andrias, Saxe and Williams, JJ.

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Orders, Supreme Court, Bronx County (Dianne Renwick, J.), entered September 13, 2002 and March 4, 2003, which, inter aha, denied plaintiff’s motion for a default judgment and granted defendant’s cross motion seeking an extension to file his answer, unanimously affirmed, without costs.

[520]*520Under all the relevant circumstances, including defendant’s proffer of a reasonable excuse for failing to answer the complaint, the motion court properly exercised its discretion in granting defendant an extension to serve his answer (see CPLR 3012 [d]; Mufalli v Ford Motor Co., 105 AD2d 642, 643-644 [1984]). Concur — Nardelli, J.P., Mazzarelli, Andrias, Saxe and Williams, JJ.

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Bluebook (online)

309 A.D.2d 519, 765 N.Y.S.2d 246, 2003 N.Y. App. Div. LEXIS 9995, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-paulino-nyappdiv-2003.

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