VEITH ENTERPRISES, INC. v. ELECTRICAL DEVELOPMENT & CONSTRUCTION, INC.
| Decision Date | 04 March 2002 |
| Citation | 292 A.D.2d 376,738 N.Y.S.2d 592 |
| Court | New York Supreme Court — Appellate Division |
| Parties | VEITH ENTERPRISES, INC., Appellant,<BR>v.<BR>ELECTRICAL DEVELOPMENT & CONSTRUCTION, INC., Defendant, and PAVARINI CONSTRUCTION CO., INC., Respondent. |
Ordered that the order and judgment is affirmed insofar as appealed from, with costs.
The Supreme Court providently exercised its discretion in denying that branch of the plaintiff's motion which was for leave to enter a judgment against the respondent Pavarini Construction Co., Inc., upon its failure to timely answer the complaint. The default in answering was short and not willful, and the plaintiff was not prejudiced thereby (see, CPLR 2004; 3012 [d]; Fidelity & Deposit Co. of Md. v Arthur Andersen & Co., 60 NY2d 693, 695; Leogrande v Glass, 106 AD2d 431, 432; Foglia v Fashion Floors, 79 AD2d 598; cf., A & J Concrete Corp. v Arker, 54 NY2d 870). Furthermore, the respondent set forth facts sufficiently establishing a meritorious defense (see, Anamdi v Anugo, 229 AD2d 408, 409).
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