Conti v. Valinoti

Full title: CARL CONTI et al., Appellants, v. VINCENT VALINOTI, Respondent

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

Date published: Jul 5, 1994

206 A.D.2d 345 (N.Y. App. Div. 1994)

614 N.Y.S.2d 325

Opinion

July 5, 1994

Appeal from the Supreme Court, Queens County (Leviss, J.).

Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in denying the plaintiffs' motion and granting the defendant's cross motion. The defendant set forth a meritorious defense; his delay in serving his answer did not result in prejudice to the plaintiffs, and there was no showing that the delay was in any way deliberate (see, Henderson Murphy v. D.V. Waste Control Corp., 124 A.D.2d 573). Sullivan, J.P., Pizzuto, Joy and Goldstein, JJ., concur.