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Antonious v. Muhammed

Appellate Division of the Supreme Court of New York, First Department
Dec 15, 1992
188 A.D.2d 399 (N.Y. App. Div. 1992)

Opinion

December 15, 1992

Appeal from the Supreme Court, New York County (Edward H. Lehner, J.).


We agree with the IAS Court that plaintiffs' prosecution of a duplicative action in Federal court created confusion, such that it cannot be said that defendants' failure to timely serve answers in this action was deliberately dilatory or evinced an intention to abandon the defense of this action (see, Cohen v Pegalis Wachsman, 99 A.D.2d 457; Marr v S.G.S.G. Constr. Corp., 89 A.D.2d 513). No prejudice is discernable from the relatively short delay, answers having been served in the identical Federal action that was being actively litigated (see, Cirano, S.p.A. v Pantstudio Ltd., 179 A.D.2d 361), and, as the IAS Court found, meritorious defenses having been raised.

Concur — Sullivan, J.P., Ellerin, Wallach, Kupferman and Ross, JJ.


Summaries of

Antonious v. Muhammed

Appellate Division of the Supreme Court of New York, First Department
Dec 15, 1992
188 A.D.2d 399 (N.Y. App. Div. 1992)
Case details for

Antonious v. Muhammed

Case Details

Full title:NASHAAT N. ANTONIOUS et al., Appellants, v. DAWUD MUHAMMED et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 15, 1992

Citations

188 A.D.2d 399 (N.Y. App. Div. 1992)
591 N.Y.S.2d 386

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