Misciagnu v. Ocean Avenue Restaurant, Inc.

Appellate Division of the Supreme Court of New York

Misciagnu v. Ocean Avenue Restaurant, Inc.

33 A.D.3d 566, 822 N.Y.S.2d 706

Appellate Division of the Supreme Court of the State of New York·Decided October 31, 2006·Published

Opinion

Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered March 9, 2006, which denied plaintiff’s motion for a default judgment and granted defendant-respondent’s cross motion to extend its time to answer, unanimously affirmed, without costs.

In light of the reasonable excuse proffered by defendant-respondent for its delay in answering the complaint, Supreme Court providently exercised its discretion in granting defendant’s cross motion pursuant to CPLR 3012 (d) (see Nason v Fisher, 309 AD2d 526 [2003]; Terrones v Morera, 295 AD2d 254 [2002]). Concur—Tom, J.P, Andrias, Marlow, McGuire and Malone, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered March 9, 2006, which denied plaintiff’s motion for a default judgment and granted defendant-respondent’s cross motion to extend its time to answer, unanimously affirmed, without costs.

In light of the reasonable excuse proffered by defendant-respondent for its delay in answering the complaint, Supreme Court providently exercised its discretion in granting defendant’s cross motion pursuant to CPLR 3012 (d) (see Nason v Fisher, 309 AD2d 526 [2003]; Terrones v Morera, 295 AD2d 254 [2002]). Concur—Tom, J.P, Andrias, Marlow, McGuire and Malone, JJ.

Misciagnu v. Ocean Avenue Restaurant, Inc., 33 A.D.3d 566, 822 N.Y.S.2d 706 (N.Y. Ct. App. 2006).

Pincite

33 A.D.3d 566 (Misciagnu v. Ocean Avenue Restaurant, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related