Peg Bandwidth, LLC v. Optical Communications

Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered November 4, 2015, which denied plaintiffs motion for summary judgment or a default judgment, and granted defendant’s motion for an extension of time to answer, unanimously affirmed, without costs.

While plaintiff satisfied the requirements of CPLR 3215 (f) for a default judgment, we decline to disturb the motion court’s exercise of its broad discretion in finding that defendant’s excuse for its delay in answering the complaint, i.e., law office failure, was reasonable (see e.g. Metropolitan Prop. & Cas. Ins. Co. v Braun,…