Arroyo v. Feggoudakis

Full title: ROSE ARROYO, Appellant, v. ANTONIOS FEGGOUDAKIS et al., Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 19, 2005

21 A.D.3d 975 (N.Y. App. Div. 2005)

2005 N.Y. Slip Op. 6761

800 N.Y.S.2d 846

Opinion

2002-02972.

September 19, 2005.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Glover, J.), dated January 23, 2002, which denied her motion for leave to enter a judgment upon the defendants' default in answering, and granted the defendants' cross motion to extend their time to answer and to compel her to accept their late answer.

Viders Weisen, Carle Place, N.Y. (Kenneth Wiesen of counsel), for appellant.

MacKay, Wrynn Brady, LLP, Douglaston, N.Y. (Nicole Maglio of counsel), for respondents.

Before: Florio, J.P., Crane, Krausman, Rivera and Fisher, JJ., concur.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in denying the plaintiff's motion for a judgment upon the defendants' default in answering and granting the defendants' cross motion to extend their time to answer and to compel the plaintiff to accept their late answer ( see Fidelity Deposit Co. of Md. v. Andersen Co., 60 NY2d 693, 695).