Opinion
November 14, 1994
Appeal from the Supreme Court, Rockland County (Bergerman, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court correctly found that the plaintiff had acquired personal jurisdiction over the defendant Cleasby Manufacturing Company, Inc. (hereinafter Cleasby), pursuant to CPLR 302 (a) (3) (ii) (see, Darienzo v. Wise Shoe Stores, 74 A.D.2d 342).
Since the defendant was able to submit reply papers, the Supreme Court did not improvidently exercise its discretion by considering the papers submitted by the plaintiff in opposition to Cleasby's motion, even though they were untimely served pursuant to CPLR 2214 (b). Thompson, J.P., Miller, O'Brien, Santucci and Joy, JJ., concur.