Elkman v. Southgate Owners Corp.

Full title: STEVEN M. ELKMAN et al., Plaintiffs, v. SOUTHGATE OWNERS CORP., Defendant…

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

Date published: Oct 23, 1997

243 A.D.2d 356 (N.Y. App. Div. 1997)

665 N.Y.S.2d 251

Opinion

October 23, 1997

Appeal from Supreme Court, New York County (Alice Schlesinger, J.)

The court properly exercised its discretion in excusing third-party defendant Pisacane Midtown Corporation's four month delay in serving an answer where there was an absence of prejudice, a reasonable excuse for the delay and a meritorious defense ( Lucas v. United Helpers Cedars Nursing Home, 239 A.D.2d 853; Shure v Westhampton Beach, 121 A.D.2d 887).

Concur — Murphy, P.J., Nardelli, Williams and Colabella, JJ.