Misciagnu v Ocean Ave. Rest., Inc. (2006 NY Slip Op 07820)

Misciagnu v Ocean Ave. Rest., Inc.

2006 NY Slip Op 07820 [33 AD3d 566]

October 31, 2006

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, December 13, 2006

Stefano Misciagnu, Appellant,
v
Ocean Avenue Restaurant, Inc., Doing Business as Bridgeview Yacht Club, Respondent, et al., Defendant.

—[*1]Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered March 9, 2006, which denied plaintiff's motion for a default judgment and granted defendant-respondent's cross motion to extend its time to answer, unanimously affirmed, without costs.

In light of the reasonable excuse proffered by defendant-respondent for its delay in answering the complaint, Supreme Court providently exercised its discretion in granting defendant's cross motion pursuant to CPLR 3012 (d) (see Nason v Fisher, 309 AD2d 526 [2003]; Terrones v Morera, 295 AD2d 254 [2002]). Concur—Tom, J.P., Andrias, Marlow, McGuire and Malone, JJ.