Appellate Division of the Supreme Court of New York, 1977

Jemzura v. Benanati

Jemzura v. Benanati
Appellate Division of the Supreme Court of New York · Decided January 20, 1977
55 A.D.2d 987; 390 N.Y.S.2d 493; 1977 N.Y. App. Div. LEXIS 10306
Jemzura v. Benanati

Opinion of the Court

Appeal by the plaintiff from an order of the Supreme Court at Special Term, entered June 21, 1976 in Chenango County, which granted a motion by the defendant "compelling the plaintiff to accept the defendant’s answer”. While the plaintiff is technically correct, under the circumstances of a two-day delay and no showing of prejudice, Special Term properly exercised its discretion (see Bermudez v City of New York, 22 AD2d 865). Order affirmed, without costs. Koreman, P. J., Greenblott, Kane, Main and Herlihy, JJ., concur.

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