Clifton Country Road Associates v. Vinciguerra

—Appeal from an order of the Supreme Court (Spain, J.), entered February 10, 1993 in Albany County, which, inter alia, denied plaintiff’s motion for a default judgment.

In our view, Supreme Court did not abuse its discretion by denying plaintiff’s motion for a default judgment and extending defendant’s time to serve an answer to 10 days from notice of entry of the court’s order. Defendant’s delay in answering the complaint was a relatively short one. Moreover, in light of the apparent absence of prejudice to plaintiff and the existence of a possibly meritorious defense, we cannot find that…