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Verizon New York Inc. v. Case Construction Co.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


June 16, 2009

VERIZON NEW YORK INC., PLAINTIFF-APPELLANT,
v.
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.

105534/08

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 [1995]). In addition, although it was not required to do so, defendant demonstrated the existence of meritorious defenses (see Terrones v Morera, 295 AD2d 254 [2002]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090616

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