Hayes v. Berman

—Appeal from an order of the Supreme Court (Lynch, J.), entered October 2, 1997 in Schenectady County, which, inter alia, granted plaintiff’s cross motion for leave to serve a complaint.

In view of plaintiff’s minimal and nonprejudicial nine-day default in service of the complaint, Supreme Court did not abuse its discretion in denying defendant’s motion to dismiss the action (CPLR 3012 [b]) and granting plaintiff’s cross motion to compel acceptance of the untimely served pleading *882(CPLR 3012 [d]), notwithstanding plaintiffs failure to tender an excuse for the delay or to establish a meritorious…