| Lawrence v Palmer |
| 2009 NY Slip Op 00651 [59 AD3d 394] |
| February 3, 2009 |
| Appellate Division, Second Department |
| Rosella Lawrence et al., Appellants, v Nora L. Palmer,Respondent. |
—[*1] Picciano & Scahill, P.C., Westbury, N.Y. (Gilbert J. Hardy and Francis J. Scahill ofcounsel), for respondent.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an orderof the Supreme Court, Queens County (Nelson, J.), dated November 19, 2007, which deniedtheir motion pursuant to CPLR 3215 for leave to enter judgment against the defendant upon herfailure to interpose a timely answer, and, in effect, granted the defendant's application to compelthe plaintiffs to accept her late answer.
Ordered that the order is affirmed, with costs.
Under the circumstances of this case, the Supreme Court providently exercised its discretionin denying the plaintiffs' motion for leave to enter a default judgment and, in effect, granting thedefendant's application to compel the plaintiffs to accept her late answer, thereby excusing herdelay in serving it (see CPLR 2004, 3012 [d]). Considering the lack of any prejudice tothe plaintiffs as a result of the short delay, the defendant's showing of a reasonable excuse for thedelay, the existence of a potentially meritorious defense, and the public policy favoring theresolution of cases on the merits, the Supreme Court properly excused the defendant's delay inanswering (see Falla v Keel Holdings,LLC, 50 AD3d 844, 845 [2008]; A & C Constr. Inc. of N.Y. v Flanagan, 34 AD3d 510 [2006]).Fisher, J.P., Covello, Balkin and Belen, JJ., concur.