Dawson v. Suburban Sales & Service, Inc. ( 1999 )


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  • Cardona, P. J.

    (dissenting). We respectfully dissent. In our view, the excuse offered by third-party defendant D.A. Bennett, Inc. is akin to a party’s failure to comprehend the urgency of responding to a complaint, which does not constitute a reasonable excuse (see, Pagano v U.W. Marx, Inc., 223 AD2d 817). Bennett’s demonstration of a potentially meritorious defense is irrelevant (see, id., at 818). Since Supreme Court’s exercise of discretion finds support in the record, we should not disturb it (see, Northeastern Harness Horsemen’s Assn, v Saratoga Harness Racing, 216 AD2d 746, 747).

    Mercure, J., concurs.

    Ordered that the order is reversed, on the law, with costs, cross motion denied and motion granted.

Document Info

Judges: Cardona, Yesawich

Filed Date: 12/16/1999

Precedential Status: Precedential

Modified Date: 11/1/2024