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ELKMAN v. SOUTHGATE OWNERS CORP

Appellate Division of the Supreme Court of New York, First Department.
Oct 23, 1997

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.