Specialized Risk Management, Inc. v. Cri-Bet Realty, Ltd.

In an action, inter alia, to recover damages for breach of a lease agreement, the plaintiff appeals from an order of the Supreme Court, Westchester County (LaCava, J.), entered November 20, 2002, which granted the defendant’s motion to compel it to accept the defendant’s untimely answer and to strike its note of issue for an inquest.

Ordered that the order is affirmed, with costs.

*310The Supreme Court providently exercised its discretion in granting the defendant’s motion to compel the plaintiff to accept its untimely answer and to strike the plaintiffs note of issue for an inquest. The defendant…