Antonious v. Muhammed

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered April 16, 1992, which, inter alia, granted the defendants’ motions for an extension of time to answer, unanimously affirmed, with costs.

We agree with the IAS Court that plaintiffs’ prosecution of a duplicative action in Federal court created confusion, such that it cannot be said that defendants’ failure to timely serve answers in this action was deliberately dilatory or evinced an intention to abandon the defense of this action (see, Cohen v Pegalis & Wachsman, 99 AD2d 457; Marr v S.G.S.G. Constr. Corp., 89 AD2d 513). No…