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Misciagnu v. Ocean Avenue Restaurant, Inc.
33 A.D.3d 566
N.Y. App. Div.
2006
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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.

Case Details

Case Name: Misciagnu v. Ocean Avenue Restaurant, Inc.
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Oct 31, 2006
Citation: 33 A.D.3d 566
Court Abbreviation: N.Y. App. Div.
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