Humphrey v. WIXT News Ch. 9

Appeal from an order of the Supreme Court, Onondaga County (William R. Roy, J.), entered December 9, 2003. The order denied plaintiffs motion for a default judgment and granted defendant’s motion for an order compelling plaintiff to accept defendant’s answer.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court did not abuse its discretion in denying plaintiffs motion for a default judgment and granting the motion of defendant for an order compelling plaintiff to accept its late answer (see CPLR 3012 [d];…