Hector Grant Interiors Ltd. v. Solomon

Full title: HECTOR GRANT INTERIORS LTD., Respondent, v. MARC SOLOMON et al., Appellants

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

Date published: Dec 9, 1993

199 A.D.2d 57 (N.Y. App. Div. 1993)

605 N.Y.S.2d 860

Opinion

December 9, 1993

Appeal from the Supreme Court, New York County (Herman Cahn, J.).

The trial court did not abuse its discretion in granting the requested relief. Since a substantial portion of the revised damages amount was not revealed until defendants' New Jersey home was inspected in October 1992, and since the instant motion was filed within 3 months thereafter, plaintiff's delay in seeking relief was not inordinate. Moreover, we note that defendants have not controverted any of the specific amounts claimed by plaintiff or shown that they would be prejudiced if the requested relief were granted (see, Kushner v Queens Tr. Corp., 97 A.D.2d 432).

Concur — Murphy, P.J., Rosenberger, Ross and Nardelli, JJ.