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Orders, Supreme Court, Bronx County (Dianne Renwick, J.), entered September 13, 2002 and March 4, 2003, which, inter aha, denied plaintiff’s motion for a default judgment and granted defendant’s cross motion seeking an extension to file his answer, unanimously affirmed, without costs.
*520 Under all the relevant circumstances, including defendant’s proffer of a reasonable excuse for failing to answer the complaint, the motion court properly exercised its discretion in granting defendant an extension to serve his answer (see CPLR 3012 [d]; Mufalli v Ford Motor Co., 105 AD2d 642, 643-644 [1984]). Concur — Nardelli, J.P., Mazzarelli, Andrias, Saxe and Williams, JJ.
Document Info
Citation Numbers: 309 A.D.2d 519, 765 N.Y.S.2d 246, 2003 N.Y. App. Div. LEXIS 9995
Filed Date: 10/2/2003
Precedential Status: Precedential
Modified Date: 11/1/2024