NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
June 16, 2009
VERIZON NEW YORK INC., PLAINTIFF-APPELLANT,
CASE CONSTRUCTION CO., INC., DEFENDANT-RESPONDENT.
Order, Supreme Court, New York County (Jane Solomon, J.), entered January 23, 2009, which granted defendant's motion for an extension of time to answer and denied plaintiff's cross motion for a default judgment, unanimously affirmed, with costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Saxe, J.P., Sweeny, Moskowitz, Acosta, Richter, JJ.
Defendant demonstrated a reasonable excuse for its delay in answering the complaint (see CPLR 3012[d]; Finkelstein v East 65th St. Laundromat, 215 AD2d 178 ). In addition, although it was not required to do so, defendant demonstrated the existence of meritorious defenses (see Terrones v Morera, 295 AD2d 254 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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