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Klemm v. Boscia

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 1999
262 A.D.2d 534 (N.Y. App. Div. 1999)

Opinion

Argued May 10, 1999

June 21, 1999

In an action to recover damages for personal injuries, the plaintiff appeals from (1) an order of the Supreme Court, Suffolk County (D'Emilio, J.), entered April 28, 1998, and (2) an amended order of the same court, entered May 8, 1998, which granted the defendant's motion, inter alia, to extend his time to answer.

Daniel A. Zahn, Holbrook, N.Y., for appellant.

Matthews and Matthews, Northport, N.Y. (James F. Matthews of counsel), for respondent.

LAWRENCE J. BRACKEN, J.P., CORNELIUS J. O'BRIEN, WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, JJ.


DECISION ORDER

ORDERED that the appeal from the order entered April 28, 1998, is dismissed, as that order was superseded by the amended order entered May 8, 1998; and it is further,

ORDERED that the amended order is affirmed; and it is further,

ORDERED that the respondent is awarded one bill of costs.

The Supreme Court providently exercised its discretion in granting the defendant's motion pursuant to CPLR 2004, inter alia, to extend his time to serve an answer to the complaint. The defendant established good cause for his brief six-day delay in serving an answer. In addition, he submitted an affidavit demonstrating the existence of a meritorious defense. Further, the delay was not willful and did not prejudice the plaintiff ( see, A J Concrete Corp. v. Arker, 54 N.Y.2d 870; Kranis, P.C. v. European Am. Bank, 208 A.D.2d 904).


Summaries of

Klemm v. Boscia

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 1999
262 A.D.2d 534 (N.Y. App. Div. 1999)
Case details for

Klemm v. Boscia

Case Details

Full title:FREDERICK KLEMM, appellant, v. ANTHONY J. BOSCIA, respondent

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

Date published: Jun 21, 1999

Citations

262 A.D.2d 534 (N.Y. App. Div. 1999)
691 N.Y.S.2d 335

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