Stanger v. Morgan

Order, Supreme Court, New York County (George J. Silver, J.), entered October 4, 2010, which denied defendants’ motion for an order to compel plaintiff to accept service of their response to plaintiffs notice to admit nunc pro tunc or, in the alternative, to strike the third item in the notice to admit, unanimously modified, on the law, the third item in the notice stricken, and otherwise affirmed, without costs.

While defendants’ brief delay in responding to the notice to *546admit, which occurred during the substitution of counsel, did not result in any prejudice, the motion court could not have…