Marin Construction Corp. v. 62 Holding Corp.

— Order of the Supreme Court, Bronx County (Kent, J.), entered August 31, 1981, which granted defendant a default judgment on its counterclaims and severed them, setting them down for an inquest, is reversed, to the extent appealed from, without costs, on the law, the facts and in the exercise of discretion, and the motion denied. The court’s decision was specifically based upon a two-day lateness by plaintiff in replying to defendant’s counterclaims. *548In view of the desirability of having cases determined on their merits, such a strict, overly technical application of statutory time periods…