Duerr v. 1435 Tenants Corp.

Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered July 1, 2002, which denied plaintiff’s motion for a default judgment and granted defendant’s cross motion to compel plaintiff to accept defendant’s answer as timely, unanimously affirmed, with costs.

The court properly exercised its discretion in granting defendant’s cross motion, given the relatively short delay in serving the pleading after the extension deadline and the lack of any prejudice to plaintiff. Moreover, as the motion court pointed out, defendant’s counsel made good faith efforts to resolve the matter without court…