Legal Opinion
Ching v. Ching
Appellate Division of the Supreme Court of the State of New York
Decided December 19, 1986PublishedCited by 7 opinions
1Opinion of the Court
—Order unanimously reversed, on the law, without costs, and defendant’s motion granted. Memorandum: Special Term improperly denied defendant’s motion for leave to serve a late answer to plaintiff’s complaint on the grounds that defendant failed to submit an affidavit of merit.
Defendant was two days late in serving his answer. On this record, it is clear that defendant has established an excuse for his tardiness and that plaintiff has failed to show any prejudice, a conclusion correctly reached by Special Term. However, CPLR 3012 (d) does not require an affidavit of merit as a precondition to…
2Cases cited3 opinions
- Mufalli v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 1984
- Shure v. Village of Westhampton Beach, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Continental Casualty Co. v. Cozzolino Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1986
3Cited by7 opinions
- Bardi v. Warren County Sheriff's DepartmentAppellate Division of the Supreme Court of the State of New York · 1993
- Case v. Cayuga CountyAppellate Division of the Supreme Court of the State of New York · 2009
- American Security Insurance v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1991
- Trapani v. Imlug & Seven Corp.Appellate Division of the Supreme Court of the State of New York · 1988
- Goracy v. Burns, Brooks & McNeilAppellate Division of the Supreme Court of the State of New York · 1989
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