Kranis v. European American Bank

Full title: RICHARD KRANIS, P.C., et al., Appellants, v. EUROPEAN AMERICAN BANK…

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

Date published: Oct 31, 1994

208 A.D.2d 904 (N.Y. App. Div. 1994)

617 N.Y.S.2d 889

Opinion

October 31, 1994

Appeal from the Supreme Court, Nassau County (Robbins, J.).

Ordered that the order is affirmed, with costs.

The court did not improvidently exercise its discretion in granting the defendant's motion for an extension of time to serve an answer pursuant to CPLR 2004 (see, Salzman Salzman v Gardiner, 100 A.D.2d 846). Since the defendant's motion was made after the expiration of time in which to serve its answer the verified answer appended to its motion papers was sufficient to satisfy the requirement that the defendant provide an affidavit of merit (see, CPLR 105 [t]; Buderwitz v. Cunningham, 101 A.D.2d 821). We reject both parties' claims for sanctions and costs pursuant to 22 NYCRR 130-1.1. Bracken, J.P., Balletta, Ritter, Pizzuto and Florio, JJ., concur.