Mujica v. Pena

In an action, inter alia, for the partition of real property, the plaintiff appeals from an order of the Supreme Court, Queens County (Hyman, J.), dated July 29, 1986, which denied his motion to vacate an ex parte order of the same court, dated May 12, 1986, extending the defendant Pena’s time to answer.

Ordered that the order is affirmed, with costs.

The Supreme Court did not abuse its discretion in granting the defendant Pena an extension of time to answer in view of *650the following factors: (1) there was a reasonable excuse for a nonlengthy delay in serving the answer, (2) Pena’s counsel, once…