Stone v. County of Nassau
| Decision Date | 08 May 2000 |
| Citation | 272 A.D.2d 392,707 N.Y.S.2d 370 |
| Parties | SUSAN M. STONE, Appellant,<BR>v.<BR>COUNTY OF NASSAU, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Ritter, J. P., Sullivan, S. Miller, Luciano and H. Miller, JJ., concur.
Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying the plaintiff's motion for leave to enter a judgment against the defendant upon its failure to timely answer the complaint. While the defendant's delay in serving its answer was due to law office failure, the record indicates that the delay was short and not willful, and that the plaintiff was not prejudiced thereby (see, A & J Concrete Corp. v Arker, 54 NY2d 870; Matter of Long Is. Light. Co. v Assessor of Town of Brookhaven, 251 AD2d 332; Bungay v Joy Power Prods., 243 AD2d 527). Furthermore, the defendant set forth facts sufficiently establishing a meritorious defense (see, Concepcion v Talon Realty Corp., 258 AD2d 494; Anamdi v Anugo, 229 AD2d 408).
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