Chambers v Chan

[*1] Chambers v Chan 2004 NY Slip Op 51107(U) Decided on September 29, 2004 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on September 29, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
PRESENT:PESCE, P.J., ARONIN and PATTERSON, JJ.
x

PAUL CHAMBERS, Appellant,

against

ROBERT CHAN and JIMMY K. MOY, Respondents.

Appeal by plaintiff from an order of the Civil Court, Kings County (A. Schack, J.), entered November 26, 2003, which granted defendants' motion to the extent of compelling plaintiff to accept their late answer.

Order unanimously affirmed without costs.
Plaintiff commenced the instant personal injury action by service of a summons and complaint upon defendant Moy on March 20, 2002. Defendants' attorney served a late answer on behalf of both defendants on June 5, 2002 which was rejected by plaintiff. Thereafter, defendants moved to compel plaintiff to accept the late answer pursuant to CPLR 3012 (d). Due to the strong public policy in favor of litigating actions
on their merits, the lack of prejudice to plaintiff, the fact that defendants' delay was not willful or lengthy, defendants proffered a reasonable excuse for their delay in answering and the record indicates a meritorious defense (see Kaiser v Delaney, 255 AD2d 362 [1998]; Williams v City of New York, 85 AD2d 633 [1981]), the lower court did not improvidently exercise its discretion in granting defendants' motion.
Decision Date: September 29, 2004