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LAWRENCE v. PALMER

Appellate Division of the Supreme Court of New York, Second Department.
Feb 3, 2009
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Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in denying the plaintiffs' motion for leave to enter a default judgment and, in effect, granting the defendant's application to compel the plaintiffs to accept her late answer, thereby excusing her delay in serving it ( see CPLR 2004, 3012 [d]). Considering the lack of any prejudice to the plaintiffs as a result of the short delay, the defendant's showing of a reasonable excuse for the delay, the existence of a potentially meritorious defense, and the public policy favoring the resolution of cases on the merits, the Supreme Court properly excused the defendant's delay in answering ( see Falla v Keel Holdings, LLC, 50 AD3d 844, 845; A C Constr. Inc. of N.Y. v Flanagan, 34 AD3d 510).