Appellate Division of the Supreme Court of New York, 2003

Specialized Risk Management, Inc. v. Cri-Bet Realty, Ltd.

Appellate Division of the Supreme Court of New York · Decided July 21, 2003

307 A.D.2d 309; 762 N.Y.S.2d 519

Cases that cite this one

1 later published case cites this decision.

Pantaleon v. Ogilivie (Appellate Division of the Supreme Court of New York 2005)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In an action, inter alia, to recover damages for breach of a lease agreement, the plaintiff appeals from an order of the Supreme Court, Westchester County (LaCava, J.), entered November 20, 2002, which granted the defendant’s motion to compel it to accept the defendant’s untimely answer and to strike its note of issue for an inquest.

Ordered that the order is affirmed, with costs.

*310The Supreme Court providently exercised its discretion in granting the defendant’s motion to compel the plaintiff to accept its untimely answer and to strike the plaintiffs note of issue for an inquest. The defendant was only seven days late in serving an answer, the default was not willful, and the plaintiff was not prejudiced thereby (see CPLR 2004, 2005, 3012 [d]; Fidelity & Deposit Co. of Md. v Arthur Andersen & Co., 60 NY2d 693, 695 [1983]; Rodriguez v L&S Sons, 295 AD2d 492 [2002]; Veith Enters. v Electrical Dev. & Constr., 292 AD2d 376, 377 [2002]; Santos v City of New York, 269 AD2d 585 [2000]; Leogrande v Glass, 106 AD2d 431 [1984]). Furthermore, the defendant’s evidence was sufficient to demonstrate a meritorious defense (see Anamdi v Anugo, 229 AD2d 408, 409 [1996]). Florio, J.P., S. Miller, Friedmann, Adams and Rivera, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.