| Finkelstein v Sunshine |
| 2008 NY Slip Op 00651 [47 AD3d 882] |
| January 29, 2008 |
| Appellate Division, Second Department |
| Stuart Finkelstein et al., Appellants, v David Sunshine etal., Respondents. |
—[*1] Slutsky, McMorris & Meehan, LLP, New York, N.Y. (William A. Meehan of counsel), forrespondents.
In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal froman order of the Supreme Court, Nassau County (McCormack, J.), dated February 13, 2007, whichgranted the motion of the defendants Tyree Company, Tyree Maintenance Co., Inc., and StephenTyree pursuant to CPLR 3012 (d) to extend the time to appear and answer and to compel theplaintiffs to accept a verified answer, and denied their cross motion for leave to enter a judgmenton the issue of liability against the defendants.
Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in granting the motion of thedefendants Tyree Company, Tyree Maintenance Co., Inc., and Stephen Tyree (hereinaftercollectively Tyree) to extend their time to appear and answer and to compel the plaintiffs toaccept their verified answer, which was served only one day late, and in denying the plaintiffs'cross motion for leave to enter a judgment on the issue of liability against the defendants. In viewof the very short delay, the absence of any prejudice to the plaintiffs, the existence of a possiblemeritorious defense, the lack of willfulness on the part of Tyree, and the public policy in favor ofresolving cases on the merits, Tyree's motion was properly granted (see Jolkovsky v Legeman, 32 AD3d418 [2006]; Rottenberg v PreferredProp. Mgt., Inc., 22 AD3d 826 [2005]; Kaiser v Delaney, 255 AD2d 362 [1998];Robles v Grace Episcopal Church, 192 AD2d 515 [1993]). Furthermore, the defendantDavid Sunshine, who had [*2]been served with the summons andcomplaint pursuant to CPLR 308 (2), did not default in answering. Mastro, J.P., Santucci, Dillonand Angiolillo, JJ., concur.