Pena-Vazquez v. Beharry

The court providently exercised its discretion in denying plaintiffs’ motion and deeming defendants’ answer timely served nunc pro tunc. Plaintiffs’ acceptance of defendants’ answer, without objection, constituted a waiver of the late service and default (see Ligotti v Wilson, 287 AD2d 550, 551 [2001]). In any event, the settlement discussions between plaintiffs and defendants’ insurer constitute a reasonable excuse for defendants’ delay in answering (see CPLR 3012 [d]; see also Finkelstein v East 65th St. Laundromat, 215 AD2d 178 [1995]). Contrary to plaintiffs’ contention, defendants were…