Opinion
Submitted December 13, 2000.
January 16, 2001.
In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Berke, J.), dated May 1, 2000, as denied that branch of his motion which was for leave to enter judgment against the defendant Premium Food and Sports Enterprise, Inc., upon its default in appearing and granted the cross motion of the defendant Premium Food and Sports Enterprise, Inc., pursuant to CPLR 3012(d) for an extension of time to serve an answer.
Harry Katz, P.C. (Paul F. McAloon, P.C., New York, N.Y. of counsel), for appellant.
Kelly, Rode Kelly, LLP, Mineola, N.Y. (John M. Comiskey of counsel), for respondent.
Before: SONDRA MILLER, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court providently exercised its discretion in denying that branch of the plaintiff's motion which was for leave to enter judgment against the defendant Premium Food and Sports Enterprises, Inc. (hereinafter Premium), upon its default, and in extending that defendant's time to serve an answer (see, Roche Mgt. v. Burns, 275 A.D.2d 404; Bungay v. Joy Power Prods., 243 A.D.2d 527). The appellant was not prejudiced by Premium's unintentional and short delay (see, Trent v. Bedford Stuyvesant Restoration Ctr., ___ A.D.2d ___ [2d Dept., Nov. 27, 2000]; Stone v. County of Nassau, 272 A.D.2d 392; Chetrick v. Cohen, 266 A.D.2d 254).