Continental Casualty Co. v. Cozzolino Construction Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Levine, J.
Appeal from an order of the Supreme Court at Special Term (Viscardi, J.), entered July 19, 1985 in Albany County, which granted plaintiff’s motion for leave to serve a reply to defendants’ counterclaim.
It was within Special Term’s discretion to grant plaintiff’s application for an extension of time to serve a reply where the delay of 65 days was neither willful nor lengthy, defendants did not show that they were prejudiced by the delay, and plaintiff established an excuse for its tardiness and supplied the court with an affidavit of merits setting out a meritorious defense, i.e.,…
2Cases cited7 opinions
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- Knapek v. MV Southwest CapeAppellate Division of the Supreme Court of the State of New York · 1985
- Dick v. Samaritan HospitalAppellate Division of the Supreme Court of the State of New York · 1985
- Beagle v. ParilloAppellate Division of the Supreme Court of the State of New York · 1986
- Boss v. Avoxe Corp.Appellate Division of the Supreme Court of the State of New York · 1983
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3Cited by12 opinions
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- Brody v. OngeAppellate Division of the Supreme Court of the State of New York · 1990
- Ching v. ChingAppellate Division of the Supreme Court of the State of New York · 1986
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