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Village of Parish v. Weichert

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 1, 2002
291 A.D.2d 818 (N.Y. App. Div. 2002)

Opinion

CA 01-01585

February 1, 2002.

Appeal from that part of an order of Supreme Court, Oswego County (Nicholson, J.), entered November 20, 2000, that extended the time for plaintiff to serve a reply to the counterclaim.

BERT F. HALDERMAN, BALDWINSVILLE, FOR DEFENDANT-APPELLANT.

PRESENT: PINE, J.P., WISNER, SCUDDER, KEHOE, AND GORSKI, JJ.


It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court did not abuse its discretion in extending the time for plaintiff to serve a reply to the counterclaim.

Plaintiff established a reasonable excuse for the delay and a meritorious defense to the counterclaim, there is no indication that its failure to serve a timely reply was willful, the delay did not result in any prejudice to defendant, and public policy favors resolving cases on their merits rather than based legal technicalities ( see, CPLR 3012 [d]; Sippin v. Gallardo, 287 A.D.2d 703; Theis v. Langworthy, 270 A.D.2d 954; Kondolf v. National Grange Mut. Ins. Co., 259 A.D.2d 1021; Cleary v. East Syracuse-Minoa Cent. School Dist., 248 A.D.2d 1005).


Summaries of

Village of Parish v. Weichert

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 1, 2002
291 A.D.2d 818 (N.Y. App. Div. 2002)
Case details for

Village of Parish v. Weichert

Case Details

Full title:VILLAGE OF PARISH, PLAINTIFF-RESPONDENT, v. ROBERT S. WEICHERT…

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

Date published: Feb 1, 2002

Citations

291 A.D.2d 818 (N.Y. App. Div. 2002)
737 N.Y.S.2d 575

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