Reuter v. Schroeder

Full title: DAVID J. REUTER, Respondent, v. HENRY SCHROEDER, Appellant

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

Date published: Jul 19, 1993

195 A.D.2d 543 (N.Y. App. Div. 1993)

601 N.Y.S.2d 837

Opinion

July 19, 1993

Appeal from the Supreme Court, Dutchess County (Jiudice, J.).

Ordered that the order is affirmed, with costs.

In light of the brief delay, the absence of prejudice, the plaintiff's showing of a reasonable excuse, and the potential merit of his claim, we find that the Supreme Court permissibly exercised its discretion in denying the defendant's motion to dismiss the complaint pursuant to CPLR 3012 (b) (see, Shopsin v Siben Siben, 189 A.D.2d 811; Gordineer v. Gallagher, 160 A.D.2d 672). Thompson, J.P., Balletta, Miller and Santucci, JJ., concur.