Opinion
April 30, 1998
Appeal from the Supreme Court (Lynch, J.).
In view of plaintiffs minimal and nonprejudicial nine-day default in service of the complaint, Supreme Court did not abuse its discretion in denying defendants motion to dismiss the action (CPLR 3012 [b]) and granting plaintiffs cross motion to compel acceptance of the untimely served pleading (CPLR 3012 [d]), notwithstanding plaintiffs failure to tender an excuse for the delay or to establish a meritorious cause of action ( see, Mills v. Niagara Mohawk Power Corp., 216 A.D.2d 828; Skrabalak v. Rock, 175 A.D.2d 976; Lehigh Val. R. R. Co. v. North Am. Van Lines, 25 A.D.2d 923; compare, Kel Mgt. Corp. v. Rogers Wells, 64 N.Y.2d 904).
Mikoll, J.P., Mercure, Crew III, Yesawich Jr. and Peters, JJ., concur.
Ordered that the order is affirmed, with costs.