Legal Opinion
Performance Construction Corp. v. Huntington Building, LLC
Appellate Division of the Supreme Court of the State of New York
Decided December 1, 2009PublishedCited by 5 opinions
1Opinion of the Court
*738The Supreme Court providently exercised its discretion in denying that branch of the plaintiff’s motion which was for leave to enter a default judgment against the defendant Corcoran Marble & Monument Co., Inc. (hereinafter Corcoran), and in granting Corcoran’s cross motion for leave to serve a late answer (see CPLR 3012 [d]; 5015 [a] [1]). Considering the lack of any prejudice to the plaintiff as a result of the relatively short 11-day delay in Corcoran’s service of an answer, the existence of a potentially meritorious defense, and the public policy favoring the resolution of cases on the…
2Cases cited6 opinions
- Schonfeld v. Blue & White Food Products Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Armstrong Trading, Ltd. v. MBM EnterprisesAppellate Division of the Supreme Court of the State of New York · 2006
- Scarlett v. McCarthyAppellate Division of the Supreme Court of the State of New York · 2003
- Yonkers Rib House, Inc. v. 1789 Central Park Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Klughaupt v. Hi-Tower Contractors, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
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3Cited by5 opinions
- Chakmakian v. MaroneyAppellate Division of the Supreme Court of the State of New York · 2010
- Gluck v. McDonoughAppellate Division of the Supreme Court of the State of New York · 2016
- Arnav Indus. Inc. Profit Sharing Plan & Trust v. 3449-3461 Hamilton Ft, LLCAppellate Division of the Supreme Court of the State of New York · 2025
- Chaplin v. National GridAppellate Division of the Supreme Court of the State of New York · 2019
- Timmerman v. GentileAppellate Division of the Supreme Court of the State of New York · 2024