Appellate Division of the Supreme Court of New York, 1985

Minetto v. Maragliano

Minetto v. Maragliano
Appellate Division of the Supreme Court of New York · Decided April 29, 1985
110 A.D.2d 890; 489 N.Y.S.2d 147; 1985 N.Y. App. Div. LEXIS 48793
Minetto v. Maragliano

Opinion of the Court

Under the circumstances, it was a proper exercise of discretion for Special Term to conclude that the delay in service of the reply to the counterclaim was excusable and that the reply was meritorious (see, CPLR 2005; Sanders & Assoc. v Hague Dev. Corp., 100 AD2d 964). Mollen, P. J., Titone, Thompson and Lawrence, JJ., concur.

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