Opinion
2002-11343
Submitted June 11, 2003.
July 21, 2003.
In an action, inter alia, to recover damages for breach of a lease agreement, the plaintiff appeals from an order of the Supreme Court, Westchester County (LaCava, J.), entered November 20, 2002, which granted the defendant's motion to compel it to accept the defendant's untimely answer and to strike its note of issue for an inquest.
Nesci Keane Piekarski Keogh Corrigan, White Plains, N.Y. (Vincent P. Nesci of counsel), for appellant.
Joseph A. Maria, P.C., White Plains, N.Y. (Frances Dapice Marinelli of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, THOMAS A. ADAMS, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in granting the defendant's motion to compel the plaintiff to accept its untimely answer and to strike the plaintiff's note of issue for an inquest. The defendant was only seven days late in serving an answer, the default was not willful, and the plaintiff was not prejudiced thereby ( see CPLR 2004, 2005, 3012[d]; Fidelity Deposit Co. of Md. v. Anderson Co., 60 N.Y.2d 693, 695; Rodriguez v. L S Sons, 295 A.D.2d 492; Veith Enters. v. Electrical Dev. Constr., 292 A.D.2d 376, 377; Santos v. City of New York, 269 A.D.2d 585; Leogrande v. Glass, 106 A.D.2d 431). Furthermore, the defendant's evidence was sufficient to demonstrate a meritorious defense ( see Anamdi v. Anugo, 229 A.D.2d 408, 409).
FLORIO, J.P., S. MILLER, FRIEDMANN, ADAMS and RIVERA, JJ., concur.