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NEEKSON KHANNA, APPELLANT, v. PREMIUM FOOD AND SPORTS ENTERPRISE, INC., RESPONDENT, ET AL., DEFENDANTS.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in denying that branch of the plaintiff's motion which was for leave to enter judgment against the defendant Premium Food and Sports Enterprises, Inc. (hereinafter Premium), upon its default, and in extending that defendant's time to serve an answer (see, Roche Mgt. v. Burns, 275 A.D.2d 404; Bungay v. Joy Power Prods., 243 A.D.2d 527). The appellant was not prejudiced by Premium's unintentional and short delay (see, Trent v. Bedford Stuyvesant Restoration Ctr., ___ A.D.2d ___ [2d Dept., Nov. 27, 2000]; Stone v. County of Nassau, 272 A.D.2d 392; Chetrick v. Cohen, 266 A.D.2d 254).

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KHANNA v. PREMIUM FOOD SPORTS ENTERPRISES
(Jan 16, 2001)